Criminal Law (MBE)

Start Studying!

Terms

undefined, object

copy deck

MURDER This is the ________ killing of a human being w/ _________ __________. Malice aforethought exists if there are no facts to _______ the homicide or reduce it to VOLUNTARY MANSLAUGHTER, and D has: (1) Intent to _____: MURDER

This is the UNLAWFUL killing of a human being w/ MALICE AFORETHOUGHT.

Malice aforethought exists if there are no facts to EXCUSE the homicide or reduce it to VOLUNTARY MANSLAUGHTER, and D has:

(1) Intent to KILL;

(2) Intent to inflict great BODILY INJURY;

(3) Awareness of an UNJUSTIFIABLY high RISK to human life; or

(4) Intent to COMMIT a FELONY.
One may infer an _______ to kill from intentional use of a _______ _________.: One may infer an INTENT to kill from intentional use of a DEADLY WEAPON.
VOLUNTARY MANSLAUGHTER This is a killing that would be MURDER but for the existence of __________ _________. Provocation is adequate ONLY if: (1) It would arouse _______ and _________ PASSION that would cause a ________ _: VOLUNTARY MANSLAUGHTER

This is a killing that would be MURDER but for the existence of ADEQUATE PROVOCATION.

Provocation is adequate ONLY if:

(1) It would arouse SUDDEN and INTENSE PASSION that would cause a REASONABLE PERSON to lose CONTROL;

(2) D was IN FACT PROVOKED;

(3) There was NOT SUFFICIENT TIME between provocation and killing for passions of a reasonable person to cool; and

(4) D in fact did NOT cool off between the provocation and the killing.
NOTE: "Heat of passion" is no ________ to a killing, although it may ________ the killing from murder to manslaughter.: NOTE: "Heat of passion" is no DEFENSE to a killing, although it may REDUCE the killing from murder to manslaughter.
"IMPERFECT SELF-DEFENSE" DOCTRINE Reduces ________ to manslaughter EVEN THOUGH: (1) D is AT ________ in starting the altercation; or (2) D _________ but honestly believes it is necessary to respond w/ _________: "IMPERFECT SELF-DEFENSE" DOCTRINE

Reduces MURDER to manslaughter EVEN THOUGH:

(1) D is AT FAULT in starting the altercation; or

(2) D UNREASONABLY but honestly believes it is necessary to respond w/ DEADLY force (ie. D's actions do NOT qualify for self-defense).

Some states recognize this doctrine.
INVOLUNTARY MANSLAUGHTER This is a killing committed w/: (1) _________ __________ (D was GROSSLY negligent); or (2) During the __________ of an __________ ACT (misdemeanor or felony not enumerated in felony murder rule).: INVOLUNTARY MANSLAUGHTER

This is a killing committed w/:

(1) CRIMINAL NEGLIGENCE (D was GROSSLY negligent); or

(2) During the COMMISSION of an UNLAWFUL ACT (misdemeanor or unenumerated felony).
Murder does NOT require an _______ to kill; an awareness of an ___________ high risk to ________ life will suffice. NOTE: ATTEMPTED murder, however, is a _________ _______ crime and DOES require an intent to kill.: Murder does NOT require an INTENT to kill; an awareness of an UNJUSTIFIABLY high risk to HUMAN life will suffice.

NOTE: ATTEMPTED murder, however, is a SPECIFIC INTENT crime and DOES require an intent to kill.
ATTEMPT requires an act beyond MERE _________ for the offense.: ATTEMPT requires an act beyond MERE PREPARATION for the offense.
VOLUNTARY MANSLAUGHTER One type of adequate provocation is exposure to a THREAT of ________ ________.: VOLUNTARY MANSLAUGHTER

One type of adequate provocation is exposure to a THREAT of DEADLY FORCE.
NOTE: One can be guilty of criminal homicide even w/o ________ harm!: NOTE: One can be guilty of criminal homicide even w/o INTENDING harm!

Ex. Jake can be guilty if he is aware of an unjustifiably high risk to human life, or he can be guilty of involuntary manslaughter if his act constitutes criminal negligence.
Mere negligence requires a failure to be aware of a __________ and __________ risk and a failure to act as a __________ PERSON would under the circumstances.: Mere negligence requires a failure to be aware of a SUBSTANTIAL and UNJUSTIFIABLE risk and a failure to act as a REASONABLE PERSON would under the circumstances.
DEADLY FORCE The use of deadly force in self-defense requires that D _________ __________ that he is faced w/ _________ DEATH or ________ _________ HARM. NOTE: There is no right to use deadly force if harm is merely ___________ at a: DEADLY FORCE

The use of deadly force in self-defense requires that D REASONABLY BELIEVE that he is faced w/ IMMINENT DEATH or GREAT BODILY HARM.

NOTE: There is no right to use deadly force if harm is merely THREATENED at a future time.
To be guilty of murder, D's action must be BOTH the ________ IN _______ and ________ CAUSE of the victim's death. CAUSE IN FACT D's conduct is the cause in fact of the result if it would _____ have occurred ____ ______ D's conduct. <: To be guilty of murder, D's action must be BOTH the CAUSE IN FACT and PROXIMATE CAUSE of the victim's death.

CAUSE IN FACT
D's conduct is the cause in fact of the result if it would NOT have occurred BUT FOR D's conduct.

PROXIMATE CAUSE
A D's conduct is the proximate cause of the result if it is a NATURAL and PROBABLE CONSEQUENCE of the conduct, EVEN IF D did NOT ANTICIPATE the precise manner in which the result occurred.
FELONY MURDER Any death caused in the _________ OF, or in an _______ TO COMMIT, a _________. NOTE: This doctrine is limited to felonies that are __________ ___________.: FELONY MURDER

Any death caused in the COMMISSION OF, or in an ATTEMPT TO COMMIT, a FELONY.

NOTE: This doctrine is limited to felonies that are INHERENTLY DANGEROUS.
LIMITATIONS ON LIABILITY FOR FELONY MURDER (1) D must be GUILTY of the __________ felony; (2) The felony must be _______ from the killing itself; (3) Death MUST have been a ____________ RESULT of the felony; (: LIMITATIONS ON LIABILITY FOR FELONY MURDER

(1) D must be GUILTY of the UNDERLYING felony;

(2) The felony must be DISTINCT from the killing itself;

(3) Death MUST have been a FORESEEABLE RESULT of the felony;

(4) The death MUST have been caused BEFORE the D's "IMMEDIATE FLIGHT" from the felony ended;

(5) D is NOT liable when a CO-FELON is killed as a result of resistance from the felony VICTIM or the POLICE;

(6) D is NOT liable when an INNOCENT PARTY is killed UNLESS the death is caused by D or his AGENT.
FALSE IMPRISONMENT UNLAWFUL ___________ of a person WITHOUT his VALID _________.: FALSE IMPRISONMENT

UNLAWFUL CONFINEMENT of a person WITHOUT his VALID CONSENT.
KIDNAPPING This is _________ _________ of a person involving: (1) Some _________ of the victim; or (2) __________ of the victim in a "secret" place.: KIDNAPPING

This is UNLAWFUL CONFINEMENT of a person involving:

(1) Some MOVEMENT of the victim; or

(2) CONCEALMENT of the victim in a "secret" place.
RAPE This is the UNLAWFUL ________ _________ of a woman by a man, NOT her ________, w/o her _________.: RAPE

This is the UNLAWFUL CARNAL KNOWLEDGE of a woman by a man, NOT her HUSBAND, w/o her CONSENT.
RAPE--LACK OF EFFECTIVE CONSENT This exists where: (1) Intercourse is accomplished by _______ FORCE + _______ of great and __________ BODILY HARM; and (2) The victim is INCAPABLE of _________ due to unconsciousness, intox: RAPE--LACK OF EFFECTIVE CONSENT

This exists where:

(1) Intercourse is accomplished by ACTUAL FORCE + THREATS of great and IMMEDIATE BODILY HARM; and

(2) The victim is INCAPABLE of CONSENTING due to unconsciousness, intoxication, or mental condition; or is FRAUDULENTLY CAUSED TO BELIEVE that the act is NOT intercourse.
LARCENY (1) _________ (obtaining ________); and (2) __________ ______ (asportation); (3) Of _________ ________ PROPERTY; (4) Of ________ w/ possession; (5) By ________ (w/o consent or consent induced: LARCENY

(1) TAKING (obtaining CONTROL); and

(2) CARRYING AWAY (asportation);

(3) Of TANGIBLE PERSONAL PROPERTY;

(4) Of ANOTHER w/ possession;

(5) By TRESPASS (w/o consent or consent induced by FRAUD);

(6) W/ INTENT to PERMANENTLY DEPRIVE that person of her INTEREST in the property.
EMBEZZLEMENT This consists of: (1) The _________; (2) ________ (ie. dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession); (3) Of ________ PROPERTY; (4) Of ______: EMBEZZLEMENT

This consists of:

(1) The FRAUDULENT;

(2) CONVERSION (ie. dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession);

(3) Of PERSONAL PROPERTY;

(4) Of ANOTHER;

(5) By a person in LAWFUL POSSESSION of that property.
FALSE PRETENSES This consists of: (1) Obtaining ________; (2) To _________ PROPERTY of _________; (3) By making an INTENTIONAL ________ _________ of past or existing fact; (4) W/ ______ to ________ t: FALSE PRETENSES

This consists of:

(1) Obtaining TITLE;

(2) To PERSONAL PROPERTY of ANOTHER;

(3) By making an INTENTIONAL FALSE STATEMENT of past or existing fact;

(4) W/ INTENT to DEFRAUD the other.
ROBBERY This consists of: (1) A ________; (2) Of _________ _________ of ANOTHER; (3) From the other's ________ or __________; (4) By ________ or THREATS OF __________ _________ or PHYSICAL INJURY to: ROBBERY

This consists of:

(1) A TAKING;

(2) Of PERSONAL PROPERTY of ANOTHER;

(3) From the other's PERSON or PRESENCE;

(4) By FORCE or THREATS OF IMMEDIATE DEATH or PHYSICAL INJURY to the victim;

(5) W/ INTENT to PERMANENTLY DEPRIVE him of it.
ROBBERY VS. LARCENY Robbery differs from larceny b/c it requires that D use ______ or _______ to obtain the victim's property.: ROBBERY VS. LARCENY

Robbery differs from larceny b/c it requires that D use FORCE or THREATS to obtain the victim's property.
ROBBERY VS. EXTORTION Extortion differs from robbery b/c in extortion the threats may be of _______ HARM and the taking does _____ have to be in the _______ of the victim.: ROBBERY VS. EXTORTION

Extortion differs from robbery b/c in extortion the threats may be of FUTURE HARM and the taking does NOT have to be in the PRESENCE of the victim.
RECEIPT OF STOLEN PROPERTY This consists of: (1) Receiving ________ and _________; (2) Of _________ PERSONAL PROPERTY; (3) ________ to have been obtained in a manner constituting a _________ OFFENSE;: RECEIPT OF STOLEN PROPERTY

This consists of:

(1) Receiving POSSESSION and CONTROL;

(2) Of STOLEN PERSONAL PROPERTY;

(3) KNOWN to have been obtained in a manner constituting a CRIMINAL OFFENSE;

(4) By ANOTHER PERSON;

(5) W/ the INTENT to PERMANENTLY DEPRIVE the owner of his interest in it.
FORGERY This consists of: (1) _________ or _________ (by drafting, adding, or deleting); (2) A _________ w/ apparent legal significance; (3) So that it is ______; (4) W/ ______ to _______.: FORGERY

This consists of:

(1) MAKING or ALTERING (by drafting, adding, or deleting);

(2) A WRITING w/ apparent legal significance;

(3) So that it is FALSE;

(4) W/ INTENT to DEFRAUD.
Taking and asportation of property from possession of another -W/o consent or w/ consent obtained by fraud -W/ intent to steal: LARCENY-->

Taking and asportation of property from possession of another

-W/o consent or w/ consent obtained by fraud

-W/ intent to steal

NOTE: Title does NOT pass!
Conversion of property held pursuant to a trust agreement -Use of property in a way inconsistent w/ terms of trust -W/ intent to defraud -Title does NOT pass: EMBEZZLEMENT-->

Conversion of property held pursuant to a trust agreement

-Use of property in a way inconsistent w/ terms of trust

-W/ intent to defraud

-Title does NOT pass
Obtaining TITLE to property - By use of fraudulent misrepresentation inducing consent - W/ intent to defraud NOTE: Title passes!: FALSE PRETENSES-->

Obtaining TITLE to property

- By use of fraudulent misrepresentation inducing consent

- W/ intent to defraud

NOTE: Title passes!
Taking of property from another's presence -By force or threat of force -W/ intent to steal -Title does NOT pass: ROBBERY-->

Taking of property from another's presence

-By force or threat of force

-W/ intent to steal

-Title does NOT pass
BURGLARY (1) A ________ and _____; (2) Of a _________; (3) Of _________; (4) At __________; (5) W/ ______ to COMMIT a ______ in the structure. NOTE: The intent to commit a felony MUST be p: BURGLARY

(1) A BREAKING and ENTRY;

(2) Of a DWELLING;

(3) Of ANOTHER;

(4) At NIGHT;

(5) W/ INTENT to COMMIT a FELONY in the structure.

NOTE: The intent to commit a felony MUST be present AT THE TIME OF ENTRY!
PERJURY __________ taking of a FALSE ______ in regard to a ________ MATTER (ie. one that might affect the outcome of the proceeding) in a ________ proceeding.: PERJURY

INTENTIONAL taking of a FALSE OATH in regard to a MATERIAL MATTER (ie. one that might affect the outcome of the proceeding) in a JUDICIAL proceeding.
SUBORNATION OF PERJURY This is PROCURING or ________ another to commit perjury.: SUBORNATION OF PERJURY

This is PROCURING or INDUCING another to commit perjury.
NONDEADLY FORCE may be used if __________ _____________ to avoid _________ INJURY or to retain property. DEADLY FORCE may be used ______ to prevent SERIOUS ________ HARM.: NONDEADLY FORCE may be used if REASONABLY NECESSARY to avoid IMMINENT INJURY or to retain property.

DEADLY FORCE may be used ONLY to prevent SERIOUS BODILY HARM.
ENTRAPMENT This occurs when criminal design __________ w/ the police and D is NOT _________ to commit the crime ________ contact w/ police.: ENTRAPMENT

This occurs when criminal design ORIGINATES w/ the police and D is NOT PREDISPOSED to commit the crime BEFORE contact w/ police.
CONSENT Whenever consent may be a defense, it MUST be established that: (1) The consent was ________ and _______ given; (2) The party was ________ _________ of consenting; and (3) NO ______ was involved in obta: CONSENT

Whenever consent may be a defense, it MUST be established that:

(1) The consent was VOLUNTARILY and FREELY given;

(2) The party was LEGALLY CAPABLE of consenting; and

(3) NO FRAUD was involved in obtaining the consent.
INSANITY - M'NAGHTEN RULE Under this test, when is D entitled to acquittal by reason of insanity? When D does NOT know _____ from ______ or UNDERSTAND the ______ and ________ of his actions.: INSANITY - M'NAGHTEN RULE

Under this test, when is D entitled to acquittal by reason of insanity?

When D does NOT know RIGHT from WRONG or UNDERSTAND the NATURE and QUALITY of his actions.
INSANITY - IRRESISTIBLE IMPULSE TEST Under this test, when is D entitled to acquittal by reason of insanity? ONLY IF, b/c of mental illness, D is _____ to CONTROL his ACTIONS or CONFORM his _________ to the law.: INSANITY - IRRESISTIBLE IMPULSE TEST

Under this test, when is D entitled to acquittal by reason of insanity?

ONLY IF, b/c of mental illness, D is UNABLE to CONTROL his ACTIONS or CONFORM his CONDUCT to the law.
INSANITY - DURHAM TEST Under this test, when is D entitled to acquittal by reason of insanity? If the crime would _____ have been committed BUT FOR D's _______ ILLNESS.: INSANITY - DURHAM TEST

Under this test, when is D entitled to acquittal by reason of insanity?

If the crime would NOT have been committed BUT FOR D's MENTAL ILLNESS.
INSANITY-ALI OR MPC TEST This is a combination of the M'Naghten and irresistible impulse tests. D is entitled to acquittal if he lacked capacity to either: (1) Appreciate the _______ of his conduct; or (2) ____: INSANITY-ALI OR MPC TEST

This is a combination of the M'Naghten and irresistible impulse tests.

D is entitled to acquittal if he lacked capacity to either:

(1) Appreciate the CRIMINALITY of his conduct; or

(2) CONFORM his conduct to the law.
CONSPIRACY--NO MERGER D can be convicted of BOTH conspiracy and the _________ CRIME.: CONSPIRACY--NO MERGER

D can be convicted of BOTH conspiracy and the COMPLETED CRIME.
MERGER? There IS merger for: -__________; and -__________; but NOT for -___________.: MERGER?

There IS merger for:

-SOLICITATION; and

-ATTEMPT; but NOT for

-CONSPIRACY.
Is CONSPIRACY a specific intent crime?: YES!

CONSPIRACY is a specific intent crime!
CONSPIRACY A conspirator may be held liable for crimes committed by other conspirators if the crimes were: (1) Committed ____ __________ of the conspiracy; and (2) __________.: CONSPIRACY

A conspirator may be held liable for crimes committed by other conspirators if the crimes were:

(1) Committed IN FURTHERANCE of the conspiracy; and

(2) FORESEEABLE.
CONSPIRACY---DEFENSES -Is IMPOSSIBILITY a defense to conspiracy? -Is WITHDRAWAL a defense to conspiracy itself? NOTE: Withdrawal MAY be a defense to CRIMES COMMITTED ____ ___________ of the conspiracy.: CONSPIRACY---DEFENSES

-NO! IMPOSSIBILITY is NOT a defense to conspiracy!

-NO! WITHDRAWAL is NOT a defense to conspiracy itself!

NOTE: Withdrawal MAY be a defense to CRIMES COMMITTED IN FUTHERANCE of the conspiracy.
CONSPIRACY A conspiracy is complete upon an _________ w/ the requisite _________ and an _______ ACT. NOTE: The overt act can be a ___________ act!: CONSPIRACY

A conspiracy is complete upon an AGREEMENT w/ the requisite INTENT and an OVERT ACT.

NOTE: The overt act can be a PREPARATORY act!
MENTAL STATE--SPECIFIC INTENT CONSPIRACY is a specific intent crime. Parties must have: (1) Intent to _______; and (2) Intent to ________ the OBJECTIVE of the conspiracy.: MENTAL STATE--SPECIFIC INTENT

CONSPIRACY is a specific intent crime.

Parties must have:

(1) Intent to AGREE; and

(2) Intent to ACHIEVE the OBJECTIVE of the conspiracy.
ATTEMPT D must commit an act ________ MERE ___________ for the offense. Is ABANDONMENT a defense to ATTEMPT?: ATTEMPT

D must commit an act BEYOND MERE PREPARATION for the offense.

ABANDONMENT a NOT a defense to ATTEMPT!
EMBEZZLEMENT - D misappropriates property while it is in his _________ POSSESSION. LARCENY - D misappropriates property _____ in his possession.: EMBEZZLEMENT - D misappropriates property while it is in his RIGHTFUL POSSESSION.

LARCENY - D misappropriates property NOT in his possession.
This is usually raised as a defense to a crime that HAS BEEN COMPLETED.: MISTAKE: This is usually raised as a defense to a crime that HAS BEEN COMPLETED.
Arises only when D FAILS to complete the crime.: IMPOSSIBILITY: Arises only when D FAILS to complete the crime.
Is FACTUAL IMPOSSIBILITY a defense to ATTEMPT?: No!---FACTUAL IMPOSSIBILITY is NOT a defense to ATTEMPT!
A person who knows that another has committed a felony and assists him in escaping arrest or punishment.: ACCESSORY AFTER THE FACT: A person who knows that another has committed a felony and assists him in escaping arrest or punishment.

NOTE: Cannot be a CLOSE FAMILY MEMBER of the felon!
A person who assisted or encouraged but was NOT present.: ACCESSORY BEFORE THE FACT: A person who assisted or encouraged but was NOT present.
Person who aids, commands, or encourages the principal and is PRESENT at the crime.: PRINCIPAL IN THE SECOND DEGREE: Person who aids, commands, or encourages the principal and is PRESENT at the crime.
This is a person who ACTUALLY ENGAGED IN THE ACT or omission that constitutes the offense.: PRINCIPAL IN THE FIRST DEGREE: This is a person who ACTUALLY ENGAGED IN THE ACT or omission that constitutes the offense.
An offense for which a person w/o personal fault may nevertheless be held liable for the criminal conduct of another (usually an employee).: VICARIOUS LIABILITY OFFENSE: An offense for which a person w/o personal fault may nevertheless be held liable for the criminal conduct of another (usually an employee).
CATEGORY OF INTENT--NEGLIGENCE A person acts negligently when he _______ to be _______ of a ________ and __________ risk, where such failure is a ___________ DEVIATION from the standard of care.: CATEGORY OF INTENT--NEGLIGENCE

A person acts negligently when he FAILS to be AWARE of a SUBSTANTIAL and UNJUSTIFIABLE risk, where such failure is a SUBSTANTIAL DEVIATION from the standard of care.
CATEGORY OF INTENT--RECKLESSLY A person acts recklessly when he ________ of a ________ and _________ risk and __________ __________ it.: CATEGORY OF INTENT--RECKLESSLY

A person acts recklessly when he KNOWS of a SUBSTANTIAL and UNJUSTIFIABLE risk and CONSCIOUSLY DISREGARDS it.
CATEGORY OF INTENT--KNOWINGLY When a person is _________ that his conduct is of a particular nature or __________ that his conduct will necessarily or very likely cause a particular result.: CATEGORY OF INTENT--KNOWINGLY

When a person is AWARE that his conduct is of a particular nature or KNOWS that his conduct will necessarily or very likely cause a particular result.

NOTE: Knowing conduct satisfies a statute requiring WILLFUL conduct!
CATEGORY OF INTENT--PURPOSELY A person acts purposely when his _________ __________ is to engage in certain conduct or cause a certain result.: CATEGORY OF INTENT--PURPOSELY

A person acts purposely when his CONSCIOUS OBJECT is to engage in certain conduct or cause a certain result.
GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely. Does this rule apply to one who is the INITIAL AGGRESSOR?: GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

HOWEVER, this rule does NOT apply to one who is the INITIAL AGGRESSOR--->

Generally, one who begins a fight has no right to use force in his own defense during the fight.

But the aggressor can regain his right to use self-defense either:

(1) By withdrawing and communicating the withdrawal to the other person; or

(2) When the other person suddenly escalates a minor fight into one involving deadly force w/o giving the aggressor the chance to withdrawal.
ATTEMPT ________ act done w/ _____ to commit a crime FALLING ______ of completing the crime. -This is an INCHOATE OFFENSE. -Is factual impossibility a defense?: ATTEMPT

DIRECT act done w/ INTENT to commit a crime FALLING SHORT of completing the crime.

-This is an INCHOATE OFFENSE.

-NO, factual impossibility is NOT a defense.
FALSE PRETENSES Both ________ and _________ must pass to D!: FALSE PRETENSES

Both TITLE and POSSESSION must pass to D!
BURGLARY Intent to commit a felony may be _________ from ___________ ENTRY.: BURGLARY

Intent to commit a felony may be INFERRED from UNAUTHORIZED ENTRY.
TYPE OF LARCENY If the victim ________ to the D's taking possession of the property, but such consent has been ________ by a _________________, the consent is NOT valid. This is called LARCENY ____ ________!: LARCENY

If the victim CONSENTS to the D's taking possession of the property, but such consent has been INDUCED by a MISREPRESENTATION, the consent is NOT valid.

This is called LARCENY BY TRICK!
To be an ACCESSORY AFTER THE FACT, the felony must have been committed by another who is __________ to him.: UNRELATED!

ACCESSORY AFTER THE FACT: A person who, knowing a felony to have been committed by another who is UNRELATED to him, receives, relieves, or assists the felon.
The crime of ___________ ends when you ASK them to do it. It becomes a CONSPIRACY when they _______ to do it.: The crime of SOLICITATION ends when you ASK them to do it.

It becomes a CONSPIRACY when they AGREE to do it.
VOLUNTARY INTOXICATION This type of evidence may be offerred when D is charged w/ a crime that requires ________ or _________ (ie. SPECIFIC INTENT).: VOLUNTARY INTOXICATION

This type of evidence may be offerred when D is charged w/ a crime that requires PURPOSE or KNOWLEDGE (ie. SPECIFIC INTENT).
LARCENY (can/cannot) be committed w/ LOST or MISLAID property or property that has been delivered by mistake. HOWEVER, larceny CANNOT be committed w/ __________ property.: LARCENY can be committed w/ LOST or MISLAID property or property that has been delivered by mistake.

HOWEVER, larceny CANNOT be committed w/ ABANDONED property.
REGAINING POSSESSION OF PROPERTY Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in __________ __________ of the taker.: REGAINING POSSESSION OF PROPERTY

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in IMMEDIATE PURSUIT of the taker.
DEADLY FORCE may be used ONLY to STOP or _________ a dangerous felony involving ______ to human life.: DEADLY FORCE may be used ONLY to STOP or PREVENT a dangerous felony involving RISK to human life.
DEFENSES ________ or _________ OF FACT is relevant to criminal liability ONLY if it shows that D lacked the STATE OF MIND required for the crime. Thus, it is irrelevant if the crime imposes _________ liability.: DEFENSES

MISTAKE or IGNORANCE OF FACT is relevant to criminal liability ONLY if it shows that D lacked the STATE OF MIND required for the crime.

Thus, it is irrelevant if the crime imposes "STRICT" liability.
REASONABLENESS--MISTAKE If mistake is offered to disprove SPECIFIC INTENT, the mistake (MUST/NEED NOT) be reasonable. If it is offered to disprove any other state of mind, it (MUST BE/NEED NOT BE) reasonable mistake or ignorance.: REASONABLENESS--MISTAKE

If mistake is offered to disprove SPECIFIC INTENT, the mistake NEED NOT be reasonable.

If it is offered to disprove any other state of mind, it MUST be reasonable mistake or ignorance.
CONSENT--DEFENSE To operate as a defense, it MUST be established that: (1) Consent was ________ and _________ given; (2) The party was _________ CAPABLE of consenting; and (3) No _______ was involved in obtaini: CONSENT--DEFENSE

To operate as a defense, it MUST be established that:

(1) Consent was VOLUNTARILY and FREELY given;

(2) The party was LEGALLY CAPABLE of consenting; and

(3) No FRAUD was involved in obtaining consent.
ATTEMPT--DEFENSES Is FACTUAL IMPOSSIBILITY a defense? Is LEGAL IMPOSSIBILITY a defense?: ATTEMPT--DEFENSES

NO, FACTUAL IMPOSSIBILITY is NOT a defense to attempt!

YES, LEGAL IMPOSSIBILITY IS a defense to attempt!
_________ is NOT a defense to ATTEMPT.: ABANDONMENT is NOT a defense to ATTEMPT.
D was GROSSLY NEGLIGENT. This is __________ __________.: D was GROSSLY NEGLIGENT.

This is CRIMINAL NEGLIGENCE.
LARCENY Stan takes property from a THIEF. Is this larceny?: LARCENY

YES, b/c Thief has a property interest superior to Stan!

NOTE: It IS larceny if property is taken from a THIEF b/c he has a possessory interest SUPERIOR to the person who takes the property from him.
ABANDONED PROPERTY--LARCENY? Abandoned property has NO OWNER and larceny (CAN/CANNOT) be committed by appropriating it.: ABANDONED PROPERTY--LARCENY?

Abandoned property has NO OWNER and larceny CANNOT be committed by appropriating it.

NOTE: LOST or MISLAID property is regarded as constructively in the possession of the owner. Thus, if it is found and taken, it is taken from his possession and larceny MAY be committed.
MISTAKE--REASONABLENESS REQUIREMENT --Malice and general intent crimes Is reasonableness required? --Specific intent crimes Is reasonableness required? --Strict liability crimes Is mistake a defense?: MISTAKE--REASONABLENESS REQUIREMENT

--Malice and general intent crimes
Reasonableness IS required!

--Specific intent crimes
Reasonableness is NOT required!

--Strict liability crimes
Mistake is NOT a defense!
A killing committed when one is perpetrating a MISDEMEANOR or UNENUMERATED FELONY.: MISDEMEANOR MANSLAUGHTER: A killing committed when one is perpetrating a MISDEMEANOR or UNENUMERATED FELONY.

NOTE: This is INVOLUNTARY MANSLAUGHTER.
INVOLUNTARY MANSLAUGHTER---> (1) __________________ (2) __________________: INVOLUNTARY MANSLAUGHTER--->

(1) CRIMINAL NEGLIGENCE

(2) MISDEMEANOR MANSLAUGHTER
FELONY MURDER Death MUST have been a __________ result of the commission of the felony.: FELONY MURDER

Death MUST have been a FORESEEABLE result of the commission of the felony.
NONDEADLY FORCE is justified where it appears __________ to avoid imminent injury or to retain property. DEADLY FORCE is justified ONLY to prevent _______ or _________ _________ INJURY.: NONDEADLY FORCE is justified where it appears NECESSARY to avoid imminent injury or to retain property.

DEADLY FORCE is justified ONLY to prevent DEATH or SERIOUS BODILY INJURY.
GENERAL RULE---NO DUTY TO RETREAT This applies to a person W/O FAULT!!! A person w/o fault may use such force as ________ appears necessary to protect herself from imminent use of unlawful force upon herself.: GENERAL RULE---NO DUTY TO RETREAT

This applies to a person W/O FAULT!!!

A person w/o fault may use such force as REASONABLY appears necessary to protect herself from imminent use of unlawful force upon herself.
DEADLY FORCE A person may use deadly force in self-defense if: (1) He is _______ FAULT; (2) He is confronted w/ _________ FORCE; and (3) He is threatened w/ ________ death or great bodily harm.: DEADLY FORCE

A person may use deadly force in self-defense if:

(1) He is W/O FAULT;

(2) He is confronted w/ UNLAWFUL FORCE; and

(3) He is threatened w/ IMMINENT death or great bodily harm.
UTTERING Offering as _________ an INSTRUMENT that may be the subject of ________ and is _____, w/ intent to _________.: UTTERING

Offering as GENUINE an INSTRUMENT that may be the subject of FORGERY and is FALSE, w/ intent to DEFRAUD.
FORGERY A writing must represent itself to be something that it is _____.: FORGERY

A writing must represent itself to be something that it is NOT.
DUE PROCESS CLAUSE This requires that in all ________ cases the _______ prove guilt ________ a REASONABLE ________.: DUE PROCESS CLAUSE

This requires that in all CRIMINAL cases the STATE prove guilt BEYOND a REASONABLE DOUBT.
DUE PROCESS CLAUSE Requires that each _______ of a crime be proved beyond a REASONABLE _______.: DUE PROCESS CLAUSE

Requires that each ELEMENT of a crime be proved beyond a REASONABLE DOUBT.
Can one who solicits another to commit a crime be convicted of BOTH solicitation and the completed crime?: NO! One who solicits another to commit a crime CANNOT be convicted of BOTH solicitation and the completed crime!!!
CONSPIRACY Parties must agree to accomplish the same objective by _________ ACTION.: CONSPIRACY

Parties must agree to accomplish the same objective by MUTUAL ACTION.
________ IMPOSSIBILITY This is a defense which occurs where a D sets out to do something he _________ believes constitutes a crime.: LEGAL IMPOSSIBILITY

This is a defense which occurs where a D sets out to do something he MISTAKENLY believes constitutes a crime.
CRIMINAL LIABILITY To be criminally liable, D must: - Perform a ________ physical act; or - _______ to act under circumstances imposing a legal _______ to act.: CRIMINAL LIABILITY

To be criminally liable, D must:

- Perform a VOLUNTARY physical act; or

- FAIL to act under circumstances imposing a legal DUTY to act.
A requirement of a WILLFUL action means that the person must have acted _________ that her conduct would necessarily cause such a result.: A requirement of a WILLFUL action means that the person must have acted KNOWING that her conduct would necessarily cause such a result.
LARCENY Property MUST be taken from someone who has a possessory interest _________ to that of D.: LARCENY

Property MUST be taken from someone who has a possessory interest SUPERIOR to that of D.
LARCENY BY TRICK VS. FALSE PRETENSES LARCENY BY TRICK-->Victim is tricked into giving up mere _________. FALSE PRETENSES-->Victim is tricked into giving up ________.: LARCENY BY TRICK VS. FALSE PRETENSES

LARCENY BY TRICK-->Victim is tricked into giving up mere POSSESSION.

FALSE PRETENSES-->Victim is tricked into giving up TITLE.
LARCENY SELECT (1) or (2): (1) Custody < Possession (2) Custody > Possession: LARCENY

(1) is correct!

CUSTODY < POSSESSION
If D has CUSTODY of the property rather than POSSESSION, his misappropriation of the property is ________.: If D has CUSTODY of the property rather than POSSESSION, his misappropriation of the property is LARCENY.
POSSESSION involves a much greater scope of authority to deal w/ property than does _______.: POSSESSION involves a much greater scope of authority to deal w/ property than does CUSTODY.
________________: When the victim consents to D's taking __________ of property but the consent has been induced by __________.: LARCENY BY TRICK: When the victim consents to D's taking POSSESSION of property but the consent has been induced by MISREPRESENTATION.
EMBEZZLEMENT: Fraudulent conversion of property of another by a person in LAWFUL __________ of that property.: EMBEZZLEMENT: Fraudulent conversion of property of another by a person in LAWFUL POSSESSION of that property.
GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely. HOWEVER, this rule does NOT apply to one who is the INITIAL _________!: GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

HOWEVER, this rule does NOT apply to one who is the INITIAL AGGRESSOR!

Generally, one who begins a fight has no right to use force in his own defense during the fight.

NOTE: There are ways an aggressor can regain his right to use self-defense.
DEADLY FORCE An aggressor can regain his right to use self-defense EITHER: (1) By WITHDRAWING and _________ the withdrawal to the other person; or (2) When the other person suddenly _________ a minor fight into one involv: DEADLY FORCE

An aggressor can regain his right to use self-defense EITHER:

(1) By WITHDRAWING and COMMUNICATING the withdrawal to the other person; or

(2) When the other person suddenly ESCALATES a minor fight into one involving deadly force w/o giving the aggressor a chance to WITHDRAW.
ASSAULT - Intent to commit a ________; or - Intent to create a REASONABLE ___________ in the mind of the victim of IMMINENT _______ HARM. NOTE: ______ alone are NOT enough!: ASSAULT

- Intent to commit a BATTERY; or

- Intent to create a REASONABLE APPREHENSION in the mind of the victim of IMMINENT BODILY HARM.

NOTE: WORDS alone are NOT enough!
One who may NOT be convicted as a principal MAY be convicted as an ________. EXCEPTION: If, however, the legislature intends to protect ________ of a class from exploitation, those persons are presumed to be _______ from liability, EVEN if the: One who may NOT be convicted as a principal MAY be convicted as an ACCOMPLICE.

EXCEPTION: If, however, the legislature intends to protect MEMBERS of a class from exploitation, those persons are presumed to be IMMUNE from liability, EVEN if they participate in the crime.
ACCOMPLICE LIABILITY To be convicted as an accomplice, a person must have acted w/ the intent to _____ or _________ the principal in the commission of the crime.: ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person must have acted w/ the intent to AID or ENCOURAGE the principal in the commission of the crime.
CONSENT Choose one: This (is/is not) a defense to statutory rape.: CONSENT is NOT a defense to statutory rape!

NOTE: EVEN IF female willingly participates in sexual acts, the male can be convicted.
If a particular result is a NATURAL and PROBABLE consequence of D's action, the factfinder _____ infer that D intended that result.: If a particular result is a NATURAL and PROBABLE consequence of D's action, the factfinder MAY infer that D intended that result.

NOTE: It is NOT PRESUMED!!!
For virtually all crimes, one element that MUST be proved is an unlawful ________ ACT or a __________ to act by D. FAILURE TO ACT will constitute a crime ONLY where there is a _______ ______ to act and it is ________ POSSIBLE to perform the ac: For virtually all crimes, one element that MUST be proved is an unlawful PHYSICAL ACT or a FAILURE to act by D.

FAILURE TO ACT will constitute a crime ONLY where there is a LEGAL DUTY to act and it is REASONABLY POSSIBLE to perform the act.
LEGAL DUTY A legal duty can arise by: (1) ________; (2) ___; (3) _________ between the victim and D; or (4) Creation of a _______ by D.: LEGAL DUTY

A legal duty can arise by:

(1) STATUTE;

(2) K;

(3) RELATIONSHIP between the victim and D; or

(4) Creation of a PERIL by D.
VOLUNTARY MANSLAUGHTER An intentional killing distinguished from murder by __________ ___________.: VOLUNTARY MANSLAUGHTER

An intentional killing distinguished from murder by ADEQUATE PROVOCATION.
WILLFUL ACTION To act willfully, a person must act __________ that her conduct will necessarily cause a certain result.: To act willfully, a person must act KNOWING that her conduct will necessarily cause a certain a result.
ACCOMPLICE LIABILITY MODERN TREND-->NOT to treat an accessory ______ the fact as a party to the felony. Instead, he would be found guilty of __________ OF JUSTICE.: ACCOMPLICE LIABILITY

MODERN TREND-->NOT to treat an accessory AFTER the fact as a party to the felony.

Instead, he would be found guilty of OBSTRUCTION OF JUSTICE.
ROBBERY How much use of force is sufficient?: ROBBERY

The use of force constituting BATTERY is sufficient.
True/False? A mistake as to the LAW is NOT an excuse for an act otherwise criminal.: TRUE---A mistake as to the LAW is NOT an excuse for an act otherwise criminal.
CONSPIRACY This is a ______ INTENT crime. Parties must have: (1) The intent to _______; and (2) The intent to ________ the _________ of the conspiracy.: CONSPIRACY

This is a SPECIFIC INTENT crime.

Parties must have:

(1) The intent to AGREE; and

(2) The intent to ACHIEVE the OBJECTIVE of the conspiracy.
ACCOMPLICE LIABILITY To be convicted as an accomplice, a person: (1) Must have given AID, ________, or ENCOURAGEMENT; (2) W/ the _______ to aid or encourage the __________ in commission of the crime charged.: ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person:

(1) Must have given AID, COUNSEL, or ENCOURAGEMENT;

(2) W/ the INTENT to aid or encourage the PRINCIPAL in commission of the crime charged.
ACCESSORY BEFORE THE FACT: This is a person who assists or encourages but is _____ present at the crime.: ACCESSORY BEFORE THE FACT: This is a person who assists or encourages but is NOT present.
PRINCIPAL IN THE SECOND DEGREE: A person who aids, commands, or encourages the principal and is _________ at the crime.: PRINCIPAL IN THE SECOND DEGREE: A person who aids, commands, or encourages the principal and is PRESENT at the crime.
ACCESSORY BEFORE THE FACT VS. PRINCIPAL IN THE SECOND DEGREE Accessory before the fact ---->Present/Not Present? Principal in the second degree ---->Present/Not Present?: ACCESSORY BEFORE THE FACT VS. PRINCIPAL IN THE SECOND DEGREE

Accessory before the fact
---->NOT PRESENT

Principal in the second degree
---->PRESENT
PRINCIPAL IN THE FIRST DEGREE: This is a person who actually _________ in the act or omission that constitutes the offense.: PRINCIPAL IN THE FIRST DEGREE: This is a person who actually ENGAGES in the act or omission that constitutes the offense.
Knowing conduct satisfies a statute requiring ________ conduct.: Knowing conduct satisfies a statute requiring WILLFUL conduct.
To determine whether D acted PURPOSELY, KNOWINGLY, or RECKLESSLY, a/an __________ standard is used. To determine whether a D acted NEGLIGENTLY, a/an __________ standard is used.: To determine whether D acted PURPOSELY, KNOWINGLY, or RECKLESSLY, a SUBJECTIVE standard is used.

To determine whether a D acted NEGLIGENTLY, an OBJECTIVE standard is used.
The MPC eliminates the common law distinctions between GENERAL and SPECIFIC intent and adopts 4 categories of intent: (1) ____________ (2) ____________ (3) ____________ (4) ____________: The MPC eliminates the common law distinctions between GENERAL and SPECIFIC intent and adopts 4 categories of intent:

(1) PURPOSELY

(2) KNOWINGLY

(3) RECKLESSLY

(4) NEGLIGENTLY
CATEGORY OF INTENT--NEGLIGENCE A person acts NEGLIGENTLY when he ________ to be ________ of a _________ and _________ risk, where such failure is a substantial deviation from the standard of care.: CATEGORY OF INTENT--NEGLIGENCE

A person acts NEGLIGENTLY when he FAILS to be AWARE of a SUBSTANTIAL and UNJUSTIFIABLE risk, where such failure is a substantial deviation from the standard of care.
CATEGORY OF INTENT--RECKLESSLY A person acts RECKLESSLY when he ________ of a _________ and __________ risk and __________ __________ it.: CATEGORY OF INTENT--RECKLESSLY

A person acts RECKLESSLY when he KNOWS of a SUBSTANTIAL and UNJUSTIFIABLE risk and CONSCIOUSLY DISREGARDS it.
CATEGORY OF INTENT--KNOWINGLY A person acts KNOWINGLY when he is ________ that his conduct is of a particular nature or ________ that his conduct will necessarily or very likely cause a particular result.: CATEGORY OF INTENT--KNOWINGLY

A person acts KNOWINGLY when he is AWARE that his conduct is of a particular nature or KNOWS that his conduct will necessarily or very likely cause a particular result.
CATEGORY OF INTENT--PURPOSELY A person acts PURPOSELY when his _________ _________ is to engage in certain conduct or cause a certain result.: CATEGORY OF INTENT--PURPOSELY

A person acts PURPOSELY when his CONSCIOUS OBJECT is to engage in certain conduct or cause a certain result.
COMMON LAW _______________: Intent to engage in proscribed conduct.: COMMON LAW

SPECIFIC INTENT: Intent to engage in proscribed conduct.
COMMON LAW ______________: Awareness of acting in a proscribed manner.: COMMON LAW

GENERAL INTENT: Awareness of acting in a proscribed manner.
ATTEMPT: ________ act done w/ _______ to commit a crime falling short of __________ the crime.: ATTEMPT: DIRECT act done w/ INTENT to commit a crime falling short of COMPLETING the crime.
_______________: Obtaining money or property from a person w/ the intent to defraud. NOTE: Both TITLE and POSSESSION must pass to D!: FALSE PRETENSES: Obtaining money or property from a person w/ the intent to defraud.

NOTE: Both TITLE and POSSESSION must pass to D!
During a BURGLARY, an intent to commit a felony may be _________ from UNAUTHORIZED ENTRY.: During a BURGLARY, an intent to commit a felony may be INFERRED from UNAUTHORIZED ENTRY.
VOLUNTARY INTOXICATION May be offerred as a defense when D is charged w/ a crime requiring ________ (intent) or _________ (ie. specific intent crime): VOLUNTARY INTOXICATION

May be offerred as a defense when D is charged w/ a crime requiring PURPOSE (intent) or KNOWLEDGE (ie. specific intent crime)
REGAINING POSSESSION Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in __________ ___________ of the taker.: REGAINING POSSESSION

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in IMMEDIATE PURSUIT of the taker.
Is ABANDONMENT a defense to ATTEMPT?: NO! ABANDONMENT is NOT a defense to ATTEMPT!
INHERENTLY DANGEROUS FELONIES: (1) __________________ (2) __________________ (3) __________________ (4) __________________ (5) __________________: INHERENTLY DANGEROUS FELONIES:

(1) BURGLARY

(2) ARSON

(3) RAPE

(4) ROBBERY

(5) KIDNAPPING
___________ requires a much greater deviation from ordinary behavior than simply a "failure to exercise due care.": RECKLESSNESS requires a much greater deviation from ordinary behavior than simply a "failure to exercise due care."
A person is privileged to use deadly force to prevent a crime ONLY if it is a __________ FELONY.: A person is privileged to use deadly force to prevent a crime ONLY if it is a DANGEROUS FELONY.
PROXIMATE CAUSE is found when the results are the NATURAL and FORESEEABLE results of D's acts. Are infections and negligent medical treatment foreseeable risks?: PROXIMATE CAUSE is found when the results are the NATURAL and FORESEEABLE results of D's acts.

YES! Infections and negligent medical treatment are foreseeable risks in homicide cases.
One may NOT be convicted of BOTH a GREATER OFFENSE and a LESSER _________ OFFENSE. A lesser included offense is one that consists of some, but ____ all, elements of the greater crime. EXAMPLE: Larceny is a _______ included offense o: One may NOT be convicted of BOTH a GREATER OFFENSE and a LESSER INCLUDED OFFENSE.

A lesser included offense is one that consists of some, but NOT all, elements of the greater crime.

EXAMPLE: Larceny is a LESSER included offense of robbery b/c larceny consists of all the elements of robbery except for force or intimidation.
TRUE/FALSE: Duress is a defense to arson.: TRUE!

DURESS is a defense to arson.
A person is NOT guilty of an offense, other than ________, if he performs the otherwise criminal act under threat of _________ infliction of death or great bodily harm and his perception of the threat is __________.: A person is NOT guilty of an offense, other than HOMICIDE, if he performs the otherwise criminal act under threat of IMMINENT infliction of death or great bodily harm and his perception of the threat is REASONABLE.
MALUM IN SE = __________ __________: MALUM IN SE = INHERENTLY WRONGFUL
ACCOMPLICE LIABILITY To be liable as an accomplice (ie. for aiding and abetting), D must encourage or assist in the commission of the underlying crime w/ ______ that the crime be committed or, in certain cases, w/ ___________ that it was to be: ACCOMPLICE LIABILITY

To be liable as an accomplice (ie. for aiding and abetting), D must encourage or assist in the commission of the underlying crime w/ INTENT that the crime be committed or, in certain cases, w/ KNOWLEDGE that it was to be committed.

NOTE: There must be INTENT or KNOWLEDGE to be an aider or abettor!
ACT OR OMISSION (FAILURE TO ACT) A legal duty to act can arise from a ___________ between the defendant and the victim.: ACT OR OMISSION (FAILURE TO ACT)

A legal duty to act can arise from a RELATIONSHIP between the defendant and the victim.
CONTINUING TRESPASS DOCTRINE If D takes property w/ a wrongful state of mind but w/o intent to steal, and later, while still in possession of it, forms intent to steal it, the trespass involved in the initial wrongful taking is regarded as &qu: CONTINUING TRESPASS DOCTRINE

If D takes property w/ a wrongful state of mind but w/o intent to steal, and later, while still in possession of it, forms intent to steal it, the trespass involved in the initial wrongful taking is regarded as "continuing" and D is guilty of LARCENY.
Dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession.: CONVERSION

Dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession.

Start Studying!

Deck Info

Number of cards 151