Criminal Law

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  1. Sources of Law for the MBE
    • Common Law
    • Majority Statutory Rules
    • Model Penal Code
  2. Essential Elements of all Crimes
    • Act requirement
    • Mental state
    • Causation
    • Concurrance Principle
  3. Specific Intent Crimes
    • Crimes against persons
    • Property Crimes
  4. Parties to Crime and Liability for the Conduct of Others
    • Accomplice Liability
    • Enterprise Liability
  5. Inchoate Offenses
    • Solicitation
    • Conspiracy
    • Attempt
  6. Criminal Defenses
    • Insanity
    • Voluntary Intoxication
    • Infancy
    • Mistake
    • Self-Defense
    • Necessity
    • Duress
    • Entrapment
  7. A crime may be prosecuted in any state where:
    An act that was part of the crime took place, or the result took place
  8. Burden of proof in criminal cases:
    Prosecutors must prove each element of the crime beyond a reasonable doubt.
  9. A felony is a crime punished by:
    death or imprisonment for more than 1 year
  10. A misdemeanor is a crime punished by a:
    fine or imprisonment for no more than 1 year.
  11. All bodily movements are physical acts that can be the basis for criminal liability provided that they are:
  12. Involuntary movements that are not considered criminal acts:
    1. Sleepwalking or otherwise unconscious conduct

    2. A reflex or convulsion.
  13. A failure to act can form the basis for criminal liability provided that three requirements are satisfied:
    1. A legal duty to act.

    2. Knowledge of the facts giving rise to the duty and

    3. The ability to help.
  14. A legal duty to act arises by:
    1. Statute

    2. Contract

    3. Status relationship (parent-child, spouse-spouse)

    4. Voluntary assumption of care

    5. Creation of the peril.
  15. Specific intent:
    When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.
  16. The 11 specific Intent Crimes:
    1. Assault

    2. 1st degree premeditated murder

    3. Larceny

    4. Embezzlement

    5. False pretenses

    6. Robbery

    7. Forgery

    8. Burglary

    9. Solicitation

    10. Conspiracy

    11. Attempt
  17. Defenses for specific intent crimes:
    1. Voluntary intoxication and

    2. unreasonable mistake of fact
  18. Malice intent:
    Defendant acts intentionally or with reckless disregard of an obvious or known risk
  19. Malice Crimes:
    1. Common law murder

    2. Arson
  20. General Intent:
    The defendant need only be generally aware of the factors constitution the crime; he need not have specific intent. The jury can usually infer the general intent simply from the doing of the act.
  21. General Intent Crimes:
    1. Battery

    2. Forcible rape

    3. False imprisonment

    4. Kidnapping
  22. Strict Liability:
    When the crime requires merely the act; no mental state is needed.
  23. Two types of Strict Liability crimes:
    1. Public welfare offenses

    2. Statutory rape
  24. MPC Mental States:
    • Purpose
    • Knowledge
    • Recklessness
    • Negligence
    • Strict Liability
  25. MPC Purpose

    I defend acts purposely when it is his:
    Conscious desire to achieve a particular result.
  26. MPC Knowledge

    A defendant acts knowingly when he is:
    aware of what he is doing. With respect to a result, the defendant acts knowingly when he is aware that it is practically certain that his conduct will cause that result.
  27. MPC Recklessness

    A defendant acts recklessly when he is aware of a substantial and unjustifiable risk and:
    consciously disregards that risk.
  28. MPC negligence

    The defendant acts negilgently when he:
    should have been aware of a substantial and unjustifiable risk.
  29. Causation needed for conviction:
    Prosecutor must prove but for causation and proximate cuasation
  30. Actual Causation (but for causation)
    The bad result would not have happened but for the defendant's conduct.
  31. Proximate Causation
    A defendant is a proximate cause if the bad result is a natural and probable consequence of the defendant's conduct.
  32. The Concurrency principle:

    Defendant must have the required mental state at:
    the same time he engages in the culpable act.
  33. Common Law Battery is the unlawful application of force to another resulting in either:
    a bodily injury or an offensive touching.

    (General Intent)
  34. Common Law Assault is either:
    an attempted battery or the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm

    (Specific Intent)
  35. Assault in MA:
    Similar to common law except that it is not necessary to prove that the victim was actually placed in apprehension, just that the defendant intended to make the victim fearful or apprehensive.
  36. Murder is causing the:
    death of another person with malice aforethought.
  37. Malice for the purposes of murder includes:
    1. the intent to kill

    2. The intent to inflict serious bodily harm

    3. Extreme recklessness - reckless indifference to human life

    4. The intentional commission of an inherently dangerous felony.
  38. Deadly Weapon Rule:
    The intentional use of a deadly weapon creates an inference of an intent to kill. A deadly weapon is typically defined as any instrument used in a manner likely to produce death or serious bodily injury.
  39. Transferred intent for murder purposes:
    If a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendant's intent will transfer from the intended victim to the actual victim. Transferred intent does not apply to attempts, only to crimes with "completed harms."
  40. Felony murder is:
    any killing caused during the commission of or attempt to commit a felony
  41. Limitations on felony murder:

    Defendant must be guilty:
    of the underlying felony.
  42. Limitations on felony murder:

    The Felony must be inherently:
  43. Limitations on felony murder:

    According to the merger rule the felony must be:
    independent of the killing.
  44. Limitations on felony murder:

    The killing must take place:
    during the felony or during the immediate flight from the felony. Once the felon reaches a place of temporary safety, the felony ends.
  45. Limitations on felony murder:

    The death must be:
  46. Limitations on felony murder:

    In MA the victim can be a
  47. Felony Murder Vicarious Liability:
    If one of the co-felons proximately causes the victim's death, all of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a 3rd party.
  48. Felony murder Vicarious liability in MA:
    Felony murder doctrine applies only if the killing is committed by one of the co-felons.
  49. First Degree Murder in Massachusetts:
    An intentional killing comitted with premeditation, and deliberation or extreme atrocity or cruelty.

    Also, felony murder, when the underlying felony is punishable by life in prison.
  50. Second Degree Murder in MA:
    All other murders.
  51. Voluntary Manslaughter is:
    A killing committed intentionally in the heat of passion upon adequate provocation.
  52. At common law provocation in the form of words alone:
    was considered objectively inadequate as a matter of law to be provocational enough.
  53. In MA, verbal provocation can consisute provocation for voluntary manslaughter for information such as:
    learning of a spouse's infidelity. The verbal provocation must, however, come from the victim, not a third party.
  54. Involuntary manslaughter at common law was a killing committed during the commission of a crime which:
    did not invoke the felony murder doctrine and also referrs to a killing committed with criminal negligence or (MPC) recklessly.
  55. In MA Involuntary manslaughter occurs by causing a death unintentionally by:
    Wanton or reckless conduct that creates a high degree of likelihood that substantial harm will result to another, OR by the commission of a battery that the defendant knew or should have known created a high degree of likelihood that substantial harm would result.
  56. Criminal False imprisonment requires an unlawful:
    confinement of a person without consent. It is a general intent crime.
  57. Kidnapping requires:
    False imprisonment that involves either moving the victim or concealing the victim in a secret place. It is a general intent crime.
  58. Forcible Rape is:
    Sexual intercourse (any amount of penetration) without consent accomplished by:

    1. Force

    2. Threat of force

    3. When the victim is unconscious

    Forcible rape is a general intent crime
  59. Statutory Rape is:
    Sexual intercourse with someone under the age of consent. Consent in MA is 16.

    It is a strict liability crime.
  60. Thieves Took Carmen's Purse AND Isaac's Portfolio:
    • Trespassory
    • Taking
    • Carrying Away the
    • Personal Property of
    • Another, with the
    • Intent to
    • Permanently retain the property.
  61. Larceny is a:
    Trespassory taking and carrying away of the personal property of another with the intent to permanently retain the property.
  62. The Erroneous Takings rule is a taking under a:
    claim of right and is never larceny, even if the defendant erroneously believes that the property is his.
  63. If a defendant wrongfully takes property, but without the intent to steal:
    he will not be guilty of larceny.
  64. If a Defendant later forms the intent to steal, the initial trespassory taking is considered to have:
    continued and he will be guilty of larceny.
  65. Embezzlement is the
    conversion of the personal property of another by a person already in lawful possession of that property; with the intent to defraud.
  66. Embezzlement requires what mental state?
    The specific intent to defraud.
  67. Lawful possession for embezzlement purposes involves more than mere custody it requires the authority to:
    exercise some discretion over the property.
  68. False Pretenses is the:
    obtaining of personal property of another by an intentional false statement, with the intent to defraud.
  69. In larceny the defendant only retains custody of the property, in false pretenses
    the defendant is granted title, meaning ownership.
  70. Larceny by trick:
    defendant obtains only custody not title.
  71. Pickpocketing is always:
  72. Robbery is:
    a larceny from someone else's person or presence by force or threat of immediate injury.
  73. Mental state requirement for robbery:
    The specific intent to steal.
  74. The presence factor of robbery requires:
    some location reasonably close to the victim.
  75. An individual who obtains the property of another through oral or written threats of future harm commits:
  76. Forgery is the:
    making or altering of a writing so that it is false.
  77. Forgery requires the specific intent to:
  78. MA consolidation of theft offenses:
    larceny, embezzlement and false pretenses/by trick has been converted into the single offense of larceny.
  79. MA Petit larceny:
    Larceny of property valued at $250 or less.
  80. MA Grand larceny:
    Larceny of property valued at more than $250, larceny of a motor vehicle.
  81. Burglary at common law is:
    the breaking and entering the dwelling of another at night with the intent to commit a felony inside.
  82. Burglary constructive breaking is accomplished through:
    fraud, threats, or intimidation.
  83. Statutory burglary in MA:
    Removes the breaking, dwelling, night, and felony requirements.
  84. Common Law Arson is the:
    malicious burning of a building.
  85. At common law, an arson requires:
    material wasting (charring) of the building itself (not components inside such as carpets.)
  86. In MA a defendant can commit arson by burning:
    any building and to the defendant's own property.
  87. Receipt of stolen property requires a defendant to:
    receive possession and control of stolen property.

    The Defendant must know that the property has been obtained by criminal methods with the intent to permanently deprive the owner of his interest in the property.
  88. OUI in MA:
    It is a felony in MA to operate a motor vehicle under the influence.
  89. Carjacking in MA:
    It is a Felony, in MA to assault, confine, maim, or to put any person in fear for the purpose of stealing a motor vehicle.
  90. An accomplice is one who:
    aids or encourages the principal with the intent that the crime be committed.
  91. The accomplice is guilty of all crimes:
    he aids or encourages and all other foreseeable crimes committed along with aided crime.
  92. A person is not an accomplice if he:
    has a mere presence at the scene of the crime, has mere knowledge of the crime, is one of the victims of the crime.
  93. Withdrawal by an accomplice:
    one who encourages must simply repudiate their encouragement of the crime, one who aids must either neutralize the assistance or otherwise prevent the crime from happening.
  94. MA Joint venture rule:
    A Defendent is a joint venturer if he:

    1. Knowingly participated in the commission of the crime with the mental state required for the offense.
  95. In MA a joint venturer is guilty of:
    the principal's crime.
  96. A MA joint venturer can avoid liability if he:
    communicates his withdrawal to the other participants and does so early enough to give the other parties a reasonable opportunity to withdraw as well.
  97. Accessory after the fact:
    One who helps a principal who has committed a felony with knowledge that the crime has been committed, and with the intent to help the principal avoid arrest or conviction.
  98. In MA there is no accessory after the fact liability for:
    certain family members, including spouses, parents, grandparents, siblings, and children.
  99. Solicitation:
    Asking someone to commit a crime, with the intent that the crime committed. The crime is in the asking.
  100. Conspiracy:
    An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime.

    In MA the object of the conspiracy need not be criminal, so long as the conduct in question unlawfully creates a strong probability of significant harm to an individual or to the general public.
  101. MA requires how many guilty minds for conspiracy?
    At least 2 guilty minds. If all parties to the agreement are acquitted, the last remaining defendant cannot be convicted.

    The common law and MPC rule directly contradicts this by allowing the unilateral conspiracy rule.
  102. Wharton rule:
    When two or more people are necessary for the commission of the substantive offense, there is no conspiracy unless more parties participate in the conspiracy than are necessary for the crime.

    Note: MA does not follow this rule for conspiracies to distribute drugs.
  103. MA conspiracy Pinkerton rule:
    No vicarious liability for co-conspirators' crimes, unless the defendant was also an accessory or joint venturer.
  104. Under the common law Pinkerton theory of vicarious liability a conspirator will be liable for other crimes committed by his co-conspirators, so long as those crimes:
    were committed in furtherance of the conspiracy's objective, and were foreseeable.
  105. Attempt requires:
    An over act beyond mere preparation
  106. MA attempt requires:
    the defendant engage in conduct that gets dangerously close to the commission of the crime.
  107. Attempt in majority/MPC states:
    Must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor's criminal purpose.
  108. The mental state for attempt is:
    the intent to commit the underlying crime. You cannot attempt to commit unintentional crimes, since you cannot intentionally do something unintentional.
  109. Once the crime is committed, solicitation and attempt will:
    merge with the completed crime.
  110. Once the crime is committed conspiracy does
    not merge with the crime. It is its own offense.
  111. Majority criminal insanity test requires:
    1. A mental disease or defect in D.

    2. Defendant must prove that he did not know that his conduct was wrong, or that he did not understand the nature of his conduct.

    3. Must be insane at the time of the crime.
  112. In MA a criminal insanity defense requires:
    1. A mental disease or defect in D.

    2. D must establish that he lacked the substantial capacity to either appreciate the criminality of his conduct, or conform his conduct to the requirements of law.

    3. Must be insane at the time of the crime.
  113. Criminal incompetency: the issue is whether at the time of:
    trial the D cannot either understand the nature of the proceedings against him; or assist his lawyer in the preparation of his defense. If so, the trial is postponed until the D regains competency.
Card Set:
Criminal Law
2013-06-18 00:15:18
Barbri Criminal Law

Barbri Criminal Law
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