criminal law

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  1. conspiracy
    • 1. an agreement between 2 or more persons
    • 2. an intent to enter into an agreement
    • 3. intent to achieve the objective of agreement
    • * of 1 of 2 party is only faking agreement, the other cannot be convicted of conspiracy at common law.
  2. burglary
    • 1. a breaking
    • 2. and entry
    • 3. of the dwelling
    • 4. of another
    • 5. at nighttime
    • 6. with the intent of committing a felony therein.
  3. murder
    • homicide committed with malice
    • homicide - killing of another human caused by D:
    • a. D acted alone
    • b. D's omission caused death and D (by statute, K, relationship or voluntary undertaking) had duty to act.
    • c. act of a 3rd party contributed to cause death.
  4. Malice - mental state required for murder
    • 1. intent to kill (D's words, use of a deadly weapon in a deadly manner)
    • 2. Intent to inflict great bodily harm
    • 3. depraved heart - reckless indifference to known high risk of death.
  5. felony homicide rule
    • homicide committed during the perpetration of an inherently dangerous felony.
    • a. during the perpetration: from the attempt untio felon reaches a place of temporary safety.
    • b. inherently dangerous felonies: burglary, arson, rape, robbery, kidnapping (BARRK)
    • * minority rule - non-dangerous felonies committed in a dangerous manner.
    • * a defense to the felony = defense to felony murder charge.
    • * vicarious liability - all felons are liable for death caused by a co-felon.
    • * proximate cause - felony must be the proximate cause of the homicide (the homicide must be a foreseeable result of the felony)
  6. involuntary manslaughter
    • a homicide committed without malice under one of the 3 following circumstances.
    • 1. intent to inflict slight bodily injury.
    • 2. criminal negligence. (gross deviation from the standard of care that a resonable person would observe)
  7. misdemeanor manslaughter rule
    D kills while committing a none inherently dangerous or a inherently wrongful crime.
  8. self-defense
    • D may use deadly force to protect against an imminent deadly attack. deadly force must be reasonable and necessary to repel the attacker.
    • D need not retreat before using deadly force, unless D is the initial agressor, and safe retreat is available.
    • D is initial aggressor - cannot assert self-defense as a justification unless: D withdraws clearly communicates to victim to stop fighting. D initially used non-deadly force and is now faced with attacker suddenly using deadly force. If sefe-retreat available, initial aggressor must retreat before using deadly force.
  9. crime prevention
    • popo or private person may use deadly force if reasonably necessary to prevent the commission of a dangerous felony.
    • apprehension/arrest of criminal: a police office or private person may use deadly force if reasonably necessary to prevent apprehend a dangerous felon.
    • private citizen can only use deadly force if the person apprehend with deadly force is actually guilty of the dangerous felony. private citizen is not entitled to make a reasonable mistake.
  10. M'Naghten or "Right/Wrong" test
    • D, as a result of mental defect, did not know the wrongfulness of his act OR could not understand the nature and quality of his acts.
    • Note: focus is on cognitive impairment, not volitional ability.
  11. Irristible Impulse test
    • D, as a result of mental defect, was unable to control his conduct or conform his conduct to the law.
    • Note - focus on volitional ability, not cognitive.
  12. ALI/Model Penal Code Test
    • D lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.
    • Note - Focus is on both volitional and cognitive.
  13. Durham Test
    D is not guilty if his crime was the product of a mental disease or defect.
  14. Intoxication
    • may excuse criminal liability.
    • voluntary intoxication - generally no defense to crimes requiring no intent (strict liability) or general criminal intent or malice.
    • VI can negate specific intent but only if D is so intoxicated he cannot form specific intent required for the crime. it can also preclude a finding of deliberation if D is charged with 1st degree murder.
    • Involuntary intoxication is a defense to all crimes if it renders the D "insane" under the applicable test.
  15. voluntary manslaughter
    • provocation - intentional killing will be mitigated to VM if the D experiences adequate provocation. the provocative act must be one that would cause both subjective and objective passion and no "cooling off" occorred.
    • subjective passion: the D must have been actually provoked (losing self-control) and did not cool off before killing the victim.
    • objective passion: provocation must be one that would have caused a reasonable person to lose self-control & a reasonable person would not have cooled off in the time lapsed between the provocation and the time of the killing.
  16. Degrees of Murder
    • 1st degree murder (2 types)
    • premeditated and deliberate intent to kill:
    • 1. premeditated - D had time to think about killing the victim before doing so.
    • 2. deliberate - intent to kill is deliberate if D acted in a calm & cool frame of mind.
    • NOTE - 1st degree M can only be based on malice established under intent to kill or the felony murder rule. Intent to inflict great bodily harm murder or depraved heart murder are (at most) second degree murder.
    • Second Degree Murder - all other murders outside of 1st D murder.
  17. assault
    • 1. attempted battery (unsuccessful attempt to cause imminent harmful contact with the victim)
    • 2. intentional creation of reasonable apprehension of contact.
  18. battery
    unlawful application of force to another person causing bodily unjury or offensive contact
  19. kidnapping
    the confinement of another person involving either movement or consealment of the victim
  20. larceny
    the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.
  21. larceny by trick
    same definition as larceny, but the taking occurs with the victim's apparent consent. But the consent is negated because acquired by misrepresentation.
  22. embezzlement
    the fraudulent conversion of the property of another by one in rightful possession.
  23. false pretenses
    the acquisition of title to defendant's property by a false representation with the intent to defraud.
  24. robbery
    a larceny committed from the victim's person or presence by force or threat of force of immediate bodily harm.
  25. arson
    • the burning of a protected structure of another with malice.
    • malice for arson = intent to burn or with knowledge of the extremely high risk of the structure burning.
  26. burglary
    the trespassory breaking & entering of the protected structure of another at nighttime with the intent to commit a felony therein.
  27. attempt
    • D is guilty of attempt if he commits an act of perpetration with the intent to commit the intended (target) crime.
    • a. D must do more than just prepare to commit the crime; D must take a substantial step toward its commission or come dangerously close to completing the intended crime.
  28. liability of a party
    • principal and accomplices: all accomplices (and the principal) are liable for the crimes the principal committed that the acomplice assisted, counseled or encouraged.
    • 1. accomplices are also liable for other crimes committed by the principal so long as the other crimes were foreseeable.
    • (compare) a co-conspirator is only liable for other crimes committed by other conspirators if the crime was both foreseeable and in reasonable furtherance of the conspiracy.
  29. accessory after the fact
    one who receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. unlike an accomplice, an accessory after the fact has committed a separate crime with a punishment unrealted to the felony committed.
Card Set:
criminal law
2011-06-29 05:19:22
barbri crimnal law

CA criminal law 2011 Bar prep
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