Criminal Law 1 Flashcards

Law
Terms Definitions
Unhazarded Victim
Scienter
Criminal intent
Mens rea
Guilty mind
MISDEMEANOR
LESS SERIOUS THEN FELONY
Theft
Modern approach of Larceny, embezzelment, and obtaining property by false pretenses
FELONY
WORST CRIMES; RAPE, MURDER, LARCENY
FEDERAL GOVERNEMENT
WOULD BE DISTRICT JUDGES
BURGLARY
UNLAWFULLY ENTERING DWELLING OF ANOTHER WITH INTENT TO COMMIT FELONY
1-2 punch
McNaughten then Substantial Capacity Test
Intentionally
A person acts purposefully with respect to a material element ot an offense when 1.if the element involves the nature of his conduct or a result thereof; it is his conscious object to engage in conduct of that nature or to cause such a result and 2. if t
Partial Responsibility
Diminished responsibility or Partial Insanity: At the time he engaged in the conduct giving rise to the charges against him, he may have been suffereing from abnormal mental condition which was not enough to afford successful insanity defense under the W
EXTORTION
BLACKMAIL, OBTAINING PROPERTY BY USE OF THREAT
BOOKING
AT POLICE STATION: FINGER PRINTING, MUG SHOT, REMOVAL OF PERSONAL AFFECTS AND PLACED IN HOLDING CELL
Manslaughter
1. unlawful killing 2. of another human being 3. without malice aforethough
Due process
Minimum standards of fairness and decency in a free society; constitutional provision in the 5th and 14th ammendments.
Negligently
A person acts negligently with respect to a material element of an offense when . he should be aware of a substantial and unjustified risk that the material element exists or will result from his conduct and 2. the risk must be of suck a nature and degre
Recklessly
A person acts recklessly with respect to a material element of an offense when 1. he consciously disregards a substantial and unjustifiable risk that a material element exists or will result from his conduct and 2. the risk must be such a nature and degr
Blockburger Test
Where act or transaction constituted violation of 2 statutory provisions, the test to determine if there is one or two offenses is: whether each provision requires proof of an ADDITIONAL ELEMENT or fact which the other does not.
OWN RECOGNICANCE
RELEASE WITHOUT BAIL NEEDED. PROMISE TO RETURN ON NEXT COURT DATE
KIDNAPPING
PHYSICAL MOVEMENT BY FORCE OR THREAT OF BEING DETAINED
ASSAULT
WILLFULL ATTEMPT OR THREAT TO INJURE SOMEONE ELSE WITH THE ABILITY TO CARY OUT THE THREAT
SUMMARY OFFENCE
MINOR INFRACTIONS; DRINKING IN PUBLIC, LOITERING
Human Definition
Early CL 30-8 days after conception, "born alive" or Independent circulation (breath), Chavez Rule
Deadly Weapon Definition
any firearm of other devise, instrument, material or substance that, from the manner in which it is used or is intended to be used, is calculated or likely to produce death.
Malice aforethough Defined
Express or implied Malice: Hatred, spite or ill-will. Aforethought: thought out in advance.
Res Ipsa Loquitur
Probably applies for criminal charges if 1. the D is Probably negligent and 2. It was probably a result from D's conduct.
Depraved Heart Murder
1. Extreemly negligent conduct 2. which creates a high degree of risk 3. of death or SBI 4. that a reasonable man would realize would be unjustifyable. (no intent to kill or SBI Requirement)
Durham Test
D is not criminally liable for unlawful act at the time of the crime if he was 1. cimre must be a product of mental disease or defect 2. concerning all of the surrounding circumstances - nearly no existent today.
SPEEDY & PUBLIC TRIAL
OUR RIGHTS THE 6TH AMMENDMENT
PROBABLE CAUSE
IIN ORDER TO SEARCH SOMEONES PROPERTY OR ARREST SOMEONE THE POLICE MUST HAVE A SEARCH WARRANT. THEY OBTAIN ONE DUE TO PROBABLE CAUSE. THEY GET IT FROM A JUDGE
MOTIVE
REASON WHY ONE WOULD WANT TO COMMIT CRIME. MOTIVE ALONE DOES NOT PROVE GUILT
Deliberation
to plan, to make the decision, to act.
Premeditation
one did reflect at least for a short period of time before his act of killing
Malice aforethought Established:
Established with 1. Intent to kill (1st degree) 2. Intent to cause SBI (2nd ) 3. acted with Depraved heart killing, extreme indifference to human life (2nd) 4. was engaged in commission of dangerous Felony Murder (1st)
Murder Elements
1. Affirmative act or omission to act where there is a duty 2. with a "malice" state of mind (intent to kill, SBI, depraved heart or felony) 3. D's conduct is the "legal cause" of Death of 4. Another Human Being. 5. Year and a day rule applies in many ju
Entrapment
Entrapment is generally proved if a government agent induces an innocent person to violate the law. An innocent person is one who is not predisposed to commit the type of offense charged. Entrapment only applies where the entrapper is a governmental party.
Embezzelment
Statutory law, no CL - 1. When person 2. in lawful possession 3. of property 4. converts it to personal use.
Robbery
1. taking and 2. carryinig away 3. of personal property of another 4. from person or presence 5. by force or intimidation 6. with intent to permanently deprive the other of it's use. ***Normally wrong answer on bar exam.
Transferred intent
intent that has been shifted from the originally intended wrongful act to the wrongful act actually committed.
HOMICIDE
The killing of another human being.
GRAND JURY
GROUP OF CITIZENS WHO MEET ONCE A MONTH TO HEAR CASES AND DECIDE IF ENOUGH EVIDENCE EXISTS TO INDICT DEFENDANT AND MOVE FORWARD.
Insidiator Viarum
"One who lies in wait to committ an offense"
Duress Defense
CL not allowed for Murder. CL Defense to crime that actor was in 1. reasonable 2. fear of immediate 3. death or SBI from another which causes D to engage in conduct which violates criminal law. (unless the actor committed the crime.) MPC same but does
Insanity Defense Tests (2)
1. M'Naughten - majority rule 2. Substantial Capacity (ALI) MPC
M'Naghten
(Majority) Right/Wrong Test. At the time of the act the defendant was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act, or if he did know it, he did not know that what he was doing was wrong. (purely cognitive)
MPC Test
Cognitive/Volitional. (modification of M’Naghten and irresistible impulse). A person is not responsible for his criminal conduct if, at the time of the conduct, as a result of a mental disease or defect, he lacked the substantial capacity to: 1. Appreciate the criminality (or wrongfulness) of his conduct, or 2. To conform his conduct to the requests of law.
Merger Doctrine
Cannot find D guilty of both Assault and Battery.
AGGRAVATED MANSLAUGHTER
SAME AS ABOVE BUT DECEASED IS UNDER 18 OR OVER 65
Defense to Property
CL CAN use deadly force MPC CAN NOT use deadly force
Choice of Evil (necessity)
MPC, was harm prevented under the act greater than the harm caused by the crime that D committed.
Legal Causation - Proximate Causes
Actual result varies compared to the intended result. Varience: 1. Person or property harmed, 2. Manner in which harm occurs 3. Type of degree of harm.
Law Enforcement Defense
CL Misdemeor - no deadly force. Can use all force necessary if it was reasonably necessary to effectuate the arrest of a fleeing felon.
Entrapment Defense approaches
1. subjective: 1. was D induced by gov agent 2. was D predisposed? 2. Objective Approach: employing methods which create substantial risk that offense will be committed by those other than those predisposed.
ROBBERY (PERSONAL THREAT EXISTS)
THEFT OF PROPERTY THROUGH USE OF FORCE OR FEAR AGAINST A VICTIM
SIMPLE / AGGRIVATED
NON USE OF DEADLY WEAPON / USE OF DEADLY WEAPON
Types of Murder
1. intent to kill 2. Intent to do SBI 3. Depraved Heart 4. Felony 5. Resisting lawfull arrest.
Substantial Capacity (ALI MPC)
1. as result of mental disease 2. he lacks substantial capacity 3. to either appreciate the criminality of his act, or 4. conform his conduct to the requirements of the law.
Crime of Attempt
1. an intent to do an act or bring about a certain consequence which would in law amount to a crime 2. an act in furtherance of that intent. NOT for recklessness or negligent crimes. Cannot be strick liability.
Obtaining Property by False Pretenses
Statutory crime; no CL - 1. when person 2. obtains title and 3. possession 4. of property 5. belonging to another 6. under false pretenses.
Proof beyond a reasonable doubt
State must prove EACH element of a crime
McNaughten Def. Disease of Mind, Know, Nature and quality, Wrong
Disease of Mind: any mental abnormality, psychosis, neurosis, organic brand disorder or congenital intellectual deficency will suffice IF it caused the result. Know: intellectual awareness. Nature and Quality: ability to know act was wrong, nature and q
HATE CRIMES (PENALTY IS WORST) THEN OTHERS
MOTIVES BASED UPON COLOR, CREED, SEXUAL ORIENTATION, OR GENDER
Voluntary Manslaughter - mitigating circumstances
When D kills in heat of passion. Mitigating circumstances 1. reasonable provocation 2. D was in fact provoked 3. Reasonable person would NOT have cooled down 4. D in fact, did not cool off.
MURDER IN THE FIRST DEGREE "THE WORST"
PREMEDITATED AND SOMEONE DIES / A DEATH WHILE COMMITING FELONY, UNLAWFUL DISTRIBUTION OF DRUGS AND SOMEONE DIES
1ST DEGREE / 2ND DEGREE / 3RD DEGREE
1ST BEING WORST 2ND BEING LESS THEN FIRST ETC
Criminal Law
Definitions
Negligent Homicide
RECEIVING STOLEN PROPERTY
KNOWINGLY ACCEPTING
CAPITAL CRIMES
MURDER DEATH, DEATH PENALTY
LARCENY
THEFT, STEALING OF ANY KIND
BATTERY
INTENTIONAL NON CONSENSUAL TOUCHING THAT IS EITHER OFFENSIVE OR HARMFUL. DOES NOT HAVE TO BE BY DEFENDANT CAN BE BY A DOG OR BULLET ETC
ARRAINGMENT
AFTER PRELIMINARY HEARING. DEFENDANT PLEADS GUILTY OR NOT GUILTY ETC, JUDGE MAKES SURE DEFENDANT RIGHTS ARE BEING RESPECTED
TRIAL
WHERE CASE WILL BE HEARD
Corpus Delicti
The body of the crime
FORGERY
SIGING SOMONE ELSES SIGNATURE WITHOUT THEIR CONSENT OR MAKING A FALSE DOCUMENT
COUNTY / CIRCUIT
MISDEAMEANORS / CIRCUIT FELONY
Arson
1. Malicious buring (fire) 2. of dwelling house of 3. another. Intoxication NOT defense. If mistake, must be "reasonable".
MPC Mental States
1. Intentionally 2.knowingly 3. Recklessly 4. Negligentlly
Strict liability crimes MS
No mental state required
SEX CRIMES
RAPE; SEXUAL INTERCOURSE VAGINA TO PENIS PENETRATION WITHOUT CONSENT SODEMY: UNNATURAL SEX ACT, ORAL, ANAL, SEX WITH ANIMALS PROSTITUTION: OFFERING ONES BODY FOR MONITARY GAIN PUBLIC NUDITY INDECENT EXPOSURE: RINATING IN PUBLIC
PLEA BARGAINING
NEGOTIATIONS BETWEEN GOVT AND DEFENSE ATTORNEY
INDICTMENT
STATES THERE IS ENOUGH EVIDENCE TO MOVE FORWARD WITH TRIAL
ENBEZZELMENT
STEALING WHICH ARRISES OUT OF A POSITION OF TRUST
ASSAULT & BATTERY
JAIL TIME AND OR FINES
Aiding and attempting Suicide
Common law misdemeanor: intentional distruction of himself by one who is sane and reached the legal age of descretion
Redline Court
Reline court indicated at one point that felon is never liable were the death in question constitutes a lawful homicide.
Defenses (8)
1. Mental Illness - insanity defense 2. Intoxication 3. Youth 4. Self Defense 5. Defense of Property 6. Law Enforcement Defense 7. choice of Evils Defense 8. Duress.
Rape
CL 1. Forced Sexual Intercourse 2. by a man 3. on a woman 4. not his spouse 5. without consent. Statutory if under age of consent generally 16
End of Life
Traditional view: heart stops beating & lungs stop breathing (no mention of brain)
DEVIATE SEXUAL CONDUCT
CUNNILINGUS, ANAL SEX, FELATIO, ANAL LINGUIS
**TO BE CHARGED WITH A CRIME, ACTIONS MUST BE
VOLUNTARY
STATUTORY RAPE
SEXUAL CONDUCT WITH PERSON UNDER AGE SET BY STATE STATUTE
Voluntary vs Involuntary intoxication
Voluntary: does not take consideration in determining mental state. Involuntary: IS defense if puts D in state of pmind that he does not know nature and quality of act or that act is wrong. Involuntary: 1. innocent mistake 2. another person tricked the
Specific Crimes
1. Assault 2. Arson 3. Battery 4. Burglary 5. Embezzelement 6. Larceny 7. Obtaining Property by false pretenses 8. Negligent Homicide 9. Manslaughter 10. Rape 11. Robbery
Intoxication Defense - Alcohol
Voluntary consumption is defense to specific intent crimes ONLY Must be so drunk that he didn't realize what he was doing was wrong. MPC Defense if Purposefully or knowingly , but NOT if Reckless or Negligent. Involuntary consumption is Defense for b
SUBSTANTIVE LAW
WHAT IS THE CRIME, WHAT IS THE SUBSTANCE OF LAW
ACCESSORIES BEFORE FACT
PUNISHED SAME AS PRINCIPAL! PERSON WHO ASSISTS IN PLANNING OF THE CRIME BUT NOT PRESENT OR NEARBY DURING CRIME.
ACCESSORIES AFTER THE FACT
LESS SEVER PUNISHMENT! PERSON INVOLVED AFTER THE FACT, WHO HELPS HIDE EVIDENCE OR CRIMINAL KNOWINGLY
Felony Murder
1. the unlawful killing 2. of a human being 3. during the commssion of a dangerous felony 4. where D's conduct was the 5. Proximate cause of the death. Need not foresee the risk, Common law uses "but for" test. Degree of felony = Degree of murder. Crim
Intent to Kill Murder
1. Unlawful Killing (conduct and Legal Cause) 2. of another Human Being 3. With Malice Aforethought (mental state, intentionally or knowingly): Deadly weapon Doctrine Applies. Traditional view: D desires result, or is likely to occur. Modern View: act
Common Law Mental States
1. Intentionally 2. knowingly 3. recklessly 4. negligently 5. malice (arson and murder)
Mistake of Fact
Mistake about a fact that is material to a transaction, any mistake other than a mistake of law. Defense asserts that a criminal defendant acted from an innocent misunderstanding of fact, rather than from a criminal purpose.
McNaughten Test
D must prove 1. due to defect in reasoning 2. caused by mental defect 3. he did not know right from wrong or 4. the nature and quality of his action
PERSONAL STATUS
TO BE CHARGED WITH A CRIME YOU MUST HAVE INTENT, BE CAUGHT OR THERE MUST BE EVIDENCE OF A CRIME. NOT JUST BE A CRIME DOER
Deadly weapon Doctrine
One who uses a deadly weapon and kills someone presumably INTENDS to kill him.
Statutes approach to Mental States
1/3 Traditional - definition of crime will contain requisite mental state; 2/3 MPC no use of wod "intent" only 1 of 4 required mental states is in definition
Statutory crimes mental states
MPC 4 plus 5. Maliciously 6. Willfully 7. Premediation 8 Deliberate 9. Wickedly
2 PARTS OF EVERY CRIME
MENTAL "MENS REA"= INTENT TO COMMIT CRIME / PHYSICAL "ACTUS REA"= ACTUALLY COMMITING CRIME; ACTING ON INTENT
Year and a day
Death must be within one year and one day of the fatal blow.
In the commission of or attempted commission of:
Must occur with in the res gestae: 1. Time, 2. Place 3. Casual connection.
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Term:
Definition:
Definition:

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