This site is 100% ad supported. Please add an exception to adblock for this site.

Crim Law

Start Studying!

Terms

undefined, object
copy deck
What are the sources of criminal law?
All fed crimes are statutory.  Most states retain common law crimes, but the mod trend is to abolish them.
How are felonies punishable?
By death or imprisonment for more than one year
There is no longer any merger except in the case of what crime(s)?
One who solicits/attempts MAY NOT be convicted of BOTH the solicitation/attempt and the the completed crime.  Note that u can be convicted of both conspiracy and the completed offense.
What are the 3 elements of most crimes?
A physical act, a mental state, and the concurrence of the two.
When does failure to act give rise to liability?
There is a specific duty imposed by law; the def. knows of the facts giving rise to the duty; and it is reasonably possible to perform the duty.
From where can a legal duty to act arise?
staute, contract, relationship (parent-child), voluntary assumption of care by def. forvictim, creation of peril by def.
What are the 10 crimes that require specific intent?
solicitation, attempt, conspiracy, 1st deg murder, assault, larceny & robbery, burglary, forgery, false pretenses, embezzlement.
What are the two malice crimes?  What is the required intent?
Common law murder and arson.  Require reckless disregard of obvious risk that the harmful result ill occur.
What is the catch-all category for most crimes?
General intent -- an awareness of the factors constituting the crime (rape, battery)
Transferred Intent
defendant intends harm caused, but to a different victim or object.  May still be liable, can usually use the same defenses you'd use if you'd injured the right person
A person found guilty of a transferred intent crime is usually guilty of how many offenses?
2 -- the one committed and the one attempted against the other dude.
Does strict liability require awareness of all the factors constituting the crime?
No.
Does the MPC follow the common law distinctions between general and specific intent?
No.  It uses these categories:  Purposely (conscious object is to..), knowingly (knows conduct will likely cause...), recklessly (consciously disregards risk), negligence (substantial deviation from standard of care)
Under modern laws, corporations can be held liable for acts committed by who?
an agent acting within scope of employment, a high-ranking agent whose acts presumably reflect corporate policy
What is an accomplice liable for?
The crime itself and all other forseeable crimes, if intended to aid or encourage crime.  Basically, he has to be actively in on it.
What are the exclusions from accomplice liability?
the protected class; parties necessary to the crime, who aren't provided for in the statute (heroin buyer); people who withdraw from crime before committed  or unstoppable -- must attempt to neutralize if particpati
What are the three inchoate offenses?
solicitation, conspiracy, attempt
What are the defenses to solicitation?
Solicter can't be found guilty of the completed crime b/c of legislative attempt to exempt her (women who solicit men tomove 'em across states for immoral purposes)
If A solicits C to kill D, can both A and C bed convicted of murder?  If C only attempts, are they both guilty of attempt?  If C doesn't get to attempt, what are they guilty of?
Yes, yes, and conspiracy.
Does solicitation merge into the completed crime?
Yes
What are the elements of conspiracy?
an agreement between 2 or more parties, an intent to enter into it, and intent to achieve the objective of the agreement.  Some states require overt act/mere pre.
Does conspiracy merge?
No
Can agreement to a conspiracy be inferred, or must it be express>
Can be inferred from joint activity.
Can there be conspiracy between a corp and a single agent acting on its behalf?
No
Wharton rule
where 2 or more folks are necessary for the crime (adultery, dueling), there's no conspiracy unless more parties participate in the agreement than are necessary.  Doesn't apply to "necessary parties not provided for" in the subs
Is an agreement with a member of a protected class a conspiracy?
Members of protected class can't be guilty of the crime or the conspiracy to commit it.  Likewise, if you're in a 2-person crime w/class member, it's not a conspiracy.
Under the MPC, can a defendant be convicted of conspiracy if all his fellow co-conspirators were ACQUITTED or only feigning agreement?
YES
Under the TRADITIONAL VIEW, can a defendant be convicted of conspiracy if all his fellow co-conspirators were ACQUITTED or only feigning agreement?
no, b/c there's no one w/whom he could conspire.
Under the TRADITIONAL VIEW, can a defendant be convicted of conspiracy if his co-conspirators all got away?
Yes
What's the intent required for conspiracy?  How overt must the act in furtherance of the conspiracy be?
Specific intent.  Mere prep is usually sufficient, any little act will do.
When is a conspirator liable for crimes committed by other conspirators?
When their crimes were committed in furtherance of the conspiracy and were foreseeable.
When does a conspiracy terminate?
Upon completion of the wrongful objective.
What are the defenses to conspiracy?  
None really.  Impossibility is NOT a defense and withdrawal usually isn't --even if adequate, conspiracy is complete as soon as agmt and tiny act in furtherance.  Withdrawalis defense from subsequent crimes
Chain relationship
a single, large conspiracy in which all parties to subagreements are interested in a single large scheme (so liable for each other's acts)
hub-and-spoke relationship
number of indie conspiracies are linked by a common member, who is the only 1 liable for all of the conspiracies.
Attempt
Specific intent plus a substantial step beyond mere preparation in the direction of the commission of the crime.
What must be more substantial, the overt act required for attempt or the overt act required for conspiracy?
Attempt, of course, silly
Which of the following are defenses to ATTEMPT:  1.  Factual impossibility, 2. Legal Impossibility, 3. Abandoment?
Only legal impossibility is a defense to attempt (makes sense).
What are the four tests for determining whether a def is so mentally ill as to be entitled to acquittal?
M'NAGHTEN RULE, IRRESISTIBLE IMPULSE TEST, DURHAM (OR N.H.) TEST, MPC (OR ALI) TEST
What is the M-Naghten Rule?
Defendant didn't know his act was wrong or didn't understand the nature of his actions aka defendant doesn't know right from wrong
What is the irresistible impulse test?
def is so crazy he can't control his actions
What is the durham test?
The mental illness was the "but for" cause of the crime
What is the MPC test for the modern trend in determing whether you were too crazy as a loon to be guilty?
defendant lacked the substantial capacity to either appreciate the criminality or his conduct or conform it to law.  (mix of m'naghten and irrest. impulse)
Diminished capacity
defense that as a result of a mental defect short of insanity, d didn't have the mental state required for the crime (usu. only allowed for specific intent crimes) 
When is voluntary intoxication a defense?
Only to purposeful (i.e., specific intent) crimes
Under most modern statutes a child can't be convicted of a crime until which age is reached?
13 or 14.
The right to self-defense or other justification defenses depends on what?
The immediacy of the threat
When is a person allowed to use deadly force in self-defense?
1  she is wothout fault, 2. she is confronted with unlawful force, 3. she is threatened with imminent death or great bodily harm.  If u dont meet all 3 reqs, some states would find def guilty of manslaughter.
When can aggressor use force in self-defense?
She withdraws from the altercation and communicates that; or the victim suddenly escalates a minor fight into a deadly one.
When may deadly force be used in defense of a dwelling?
It's generally allowed, but the basis for the right is NOT to protect the dwelling, but the safety of someone inside.
duress is a defense to which crimes?
all except homicide
When does mistake of fact excuse you from liability?
Only if it shows you lack the required state of mind.  For specific intent, it excuses you completely; for other crimes, only "reasonable mistakes" will do.
Consent -- what crimes does it apply to? How do you establish it as a defense?
Applies to rape and minor assault and battery.  Established by consent being freely given, party legally capable of consenting, and no fraud in obtaining it.
Is mistake of law a defense?
No, only where statute wasn't published, d relied reasonably on statute, jud interp., or (in some states) official advice.  Ignorance of law may negate intent req for some crimes.
unlawful application of force resulting in bodily injury or offensive touching
battery
aggravated battery
battery w/a deadly weapon, battery resulting in serious bod harm, battery of kid, fem, or cop
attempt to commit battery OR the intentional creation reasonable apprehension in the victim's mind --other than by mere words-- of imminent bodily harm.
assault
if there has been actual touching, can the crime be assault?
no, only battery
burglary
under the common law, breaking and entry with intent.  under mod statutes, technical requirements (incl that the intent be to commit a felony)have mostly been eliminated.
what if you break into a house without intent to commit a felony/misdemeanor; i.e., you see the necklace once inside and go for it?
later-acquired intent is not sufficient to prove burglary.
what's the diff btw arson and houseburning?
arson is malicious burning of someone else's dwelling (can be other structure) --houseburning is doing the same to your own place where u could damage others' stuff.
is blackening or discoloration sufficient to show arson?  how about charring?
no, no, and yes
compounding a crime
agreeing, for valuable consideration, not to prosecute or to conceal commission of a felony or the wherabouts of a felon.
larceny
taking and carrying away tangible personal property of another by trespass with intent to personally deprive.
does the personal property stolen in a larceny offense include realty, services, or intangibles?
no, but it does include written instruments embodying intangible rights (makes sense, don't overthink it)
possession requirement for meeting larceny standard
property must be taken from the possession of another, can't have been in d's possession.  low-level slobs are still guilty of larceny b/c boss's prop is only in their custody.
is intent to create a substantial risk of loss sufficient intent for larceny?
yes
if d believes property she's taking is hers, owed to her, or she's merely borrowing it, is there larceny?
No -- insufficent intent
is there intent for larceny if d intends to pay for goods (if goods werent for sale) or intends to collect a reward from the owner?
possibly
does the requisite  larceny intent to permanently deprive have to date from the time of the taking?
yes, remember this
"continuing trespass" situation
if d wrongfully takes prop without intent to permanently deprive and later decides to keep it, she IS guilty of larceny when she decides to keep it.  if initial taking not wrong,it ain't larceny when she keeps
embezzlement
the fraudulent conversion of personal property of another by a person in lawful possession of that property.
if d intends to restore the exact property taken, is it embezzlement?
no, but if d intends to restore similar or substantially identical property, it IS embezzlement (even where it's $ of identical value he intended to return).
obtaining title to personal property of another by an intentional false statement of past or existing fact with intent to defraud the other.
false pretenses
how is false pretenses distinguished from larceny by trick?
in the latter, victim is tricked into giving up mere possession of property.  in the former, he gives up title.
can the misrepresentation needed for false pretenses be about what will occur in the future?
no.  victim must actually be deceived by or act in reliance on the misrep, and that must be a big factor in passing title on.
robbery
a taking of personal property of another from the other's person or presence by force or threats of immediate death or injury w/intent to perm deprive.
how is robbery distinguished from larceny?
robbery requires defendant use force or threats (pickpocketing is larceny)
If the defendant fraudulently causes a 3rd person to sign a doc that she doesn't realize she's signing, its that forgery?
yes, but if she realizes she's signing it, even if she was induced by fraud to do so, it's not forgery.
malicious mischief
the malicious destruction of or damage to the prop of another.  requires no ill will but does require that damage be intended or contemplated.
what are the possible states of mind that give rise to common law murder?
intent to kill, intent to inflict great bodily injury, reckless indifference to an unjustifiably high risk to life, or intent to commit a felony.
at common law, criminal homicide is divided into which 3 categories?
murder, voluntary manslaughter, involuntary manslaughter
a killing that would be murder but for the existence of adequate provocation
voluntary manslaughter
when is provocation considered adequate for the lesser charge of voluntary manslaughter?
it would arouse sudden and intense passion in the mind of an ordinary person, def was in fact provoked, there was not sufficient time to cool down, and the def didn't cool off.
doctrine of "imperfect self-defense" (only exists in some states)
where murder may be reduced to manslaughter even though d started it or d unreasonably believed in need to respond w/deadly force.
involuntary manslaughter
killing committed with criminal negligence or during the commission of an unlawful act (that's not included within felony murder rule).
statutory modifications of common law classifications of murder
just know that 1st degree is premeditated (even if for a short time), otherwise second degree.  felony murder (where felony is enumerated) is also 1st degree.
the felony murder doctrine is limited to felonies that are ______ ________
inherently dangerous
felony murder rule
any death caused in the commission of or attempt to commit an enumerated felony is murder. 
what are the limitations on liability for felony murder?
d must be guilty of the felony, felony must be distinct from the killing, death must have been forseeable result, death must have been caused before d's immediate flight
is defendant liable for felony murder when a co-felon is killed by felony victim or cop?
not in most jurisdictions.
agency theory of felony murder
def not liable for felony murder when an "innocent party" is killed UNLESS death caused by him or his agent (accomplice)
proximate cause theory of felony murder
def may be liable when an innocent party is killed by the victim or police.
in murder cases, what are the 2 pertinent forms of causation (both of which must be present)?
cause-in-fact --  d's conduct is the "but for" cause of victim's death AND proximate cause-- the result is a natural and probable consequence of the conduct.
does a victim's preexisting weakness -- even if unforseeable -- break the chain of causation?
no.  neither acts that hasten an inevitable result nor simultaneous acts break the chain of causation.  But see intervening acts and year and a day rule for except.
year and a day rule
mostly abolished rule stating that vic has to be dead within a year and a day to be liable for homicide.
intervening acts
shield def from liability if the act is a coincid. or outside forseeable sphere of risk created by conduct.  bad med care and refus. of treatment for relig reas. are forseeable.
Start Studying!

Deck Info

97

tannisroot

permalink