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Crim Law (Common Law)
Criminal law (common law) flashcards
88
Law
11/30/2011

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Term
Utilitarian
Definition
- maximize net happiness of society
- punishment is needed but don't want to use it unless you have to
- main goal: deterrence (specific & general)
- innocent person being convicted can be justified under greater good/social happiness
Term
Retributivism
Definition
- punishment only when deserved
- regardless of future prevention
- main goal: justice
- 3 types: assaultive, protective, victim vindication
Term
Assaultive Retributivism
Definition
- it's okay to hurt a criminal because they hurt soemone else
- societal vengeance
Term
Protective Retributivism
Definition
- punishment to restore a moral balance
Term
Victim Vindication
Definition
- offender has false claim of worth by harming another person and thinking that they are worth more than the victim
Term
Legality
Definition
- requirement that all criminal laws by previously defined
- criminal statutes should be understandable
- criminal statutes should not be left to subjective ideas
- rule of lenity
- criminal statutes must be strictly interpreted
Term
Components of a Crime
Definition
- actus reus
- causation
- mens rea
- social harm
Term
Actus Reus
Definition
- a voluntary act or omission where there is a duty to act
Term
Types of duty
Definition
- Duty by law
- Duty by contract
- Duty by contract
- Duty by voluntary assumption
- Duty by risk creation
Term
Intentional
Definition
- you want the harm to occur so you consciously act, OR
- you act with knowledge that the social harm is virtually certain to occur
Term
Knowingly
Definition
- you are aware of the fact, OR
- you correctly believe the fact exists, OR
- you suspect the fact exists and purposefully avoid learning if your suspicion is correct
Term
Reckless
Definition
- you consciously disregard a substantial and unjustifiable risk that your conduct will cause social harm
- subjective awareness
Term
Negligent
Definition
- you act and should be aware that your conduct creates a substantial and unjustifiable risk of causing social harm
- it must be a gross deviation from the standard of care of a reasonable
- this is an objective standard
Term
Transferred Intent
Definition
- is only applicable when social harm is the same and the victim is different
- does not apply to attempt
Term
Mistake of Fact
Definition
Can negate mens rea
1. in specific intent crimes, even if the mistake is unreasonable
2. in general intent crimes, but only if the mistake is reasonable
3. not in strict liability crimes
4. not when the act is morally wrong, even if the mistake negates fault
Term
Legally Wrong Doctrine
Definition
If the defendant believes his actions to be a misdemeanor but in fact they are a felony, then he will be charged with a felony
Term
Mistake of Law
Definition
Only used when
1. the mistake negates an element of the crime
2. at the time of the offense, the person reasonably relied upon an official statement of law given by a person that interprets the law, and the statement was later determined to be erroneous
Term
Actual Cause
Definition
"But for" the defendant's conduct, would the social harm have occurred when it did?
Term
Proximate Cause
Definition
- Only analyzed if there are intervening factors
- If the intervening actions are reasonably foreseeable, defendant 1 is usually liable
- Responsive causes: an act that occurs in reaction to defendant's actions (defendant is usually liable)
- Coincidental causes: defendant placed victim in a situation where intervening cause could independently be acted upon victim (defendant usually not liable)
Term
Apparent Safety Doctrine
Definition
When the defendant's active force has come to rest and the victim is in a place of apparent safety, the court won't look any further
Term
Intended Consequences Doctrine
Definition
When the intended result of a defendant's actions come about, through separate means than by the defendant, defendant can still be held liable
Term
Concurrent Sufficient Causes
Definition
2 actors working concurrently to cause the same harm that would have resulted with just 1 actor
- Use the elaborate "but for" test
Term
Elaborate "but for" test
Definition
But for the defendant's conduct, would the social harm have occurred when it did and as it did
Term
Obstructive Cause
Definition
one person is trying to kill someone but a second person intervenes and does the killing
Term
Intervening Causes that Relieve Liability
Definition
1. act of God
2. act of an independent 3rd party which accelerates or aggravates social harm caused by defendant
3. Act or omission of the victim that assists in bringing out the outcome
Term
Homicide
Definition
The killing of a human being by another human
Term
Year and a Day Rule
Definition
The death of the victim must occur within a year and a day of the infliction of the injury
Term
Murder
Definition
The killing of another human being with malice aforethought
Term
Aforethought
Definition
Premeditation (no time requirement)
Term
Malice
Definition
1. Express
2. Intent to inflict grievous bodily injury
3. Depraved Heart - extreme and reckless disregard for human life
4. Felony murder
Term
Manslaughter
Definition
The unlawful killing of a human being without malice aforethought
Term
Voluntary Manslaughter
Definition
Intentional killing committed in the sudden heat of passion with adequate provocation
Must have:
1. Heat of passion
2. Adequate provocation
3. No reasonable opportunity to cool off
4. Causal link between provocation, passion, and homicide
Term
Heat of Passion
Definition
Passion has to be the result of adequate provocation
Term
Adequate Provocation
Definition
1. Aggravated assault or battery
2. Mutual combat
3. Commission of a serious crime against a close relative
4. Illegal arrest
5. Observation of spousal adultery
Term
Involuntary Manslaughter
Definition
Killing resulting from criminal negligence (gross deviation from the standard of care that a reasonable person would exercise)
Term
Misdemeanor Manslaughter
Definition
Accidental killing resulting from misdemeanor conduct
Term
First degree murder
Definition
1. Willful, deliberate, and premeditated killing, OR
2. Felony murder during the commission of enumerated felonies
Term
Deliberate
Definition
reflect with a view to make a choice (quality of thought)
Term
Premeditate
Definition
think about a matter before it is executed (quantity of thought)
Term
Second Degree Murder
Definition
1. Attempt to inflict grievous bodily injury on another
2. Acting with a depraved heart (abandoned and malignant heart OR consciously taking a substantial and unjustifiable foreseeable risk of causing a human death)
3. Felony murder not in enumerated felonies
Term
Felony Murder
Definition
A person is guilty of murder if the killing of another person happens during the commission of attempted commission of a felony
Term
Requirements for Felony Murder
Definition
- Required for felony murder
- "Inherently dangerous" felony: Can the felony be carried out without creating a substantial risk that someone will die?
- Res Gestae: there must be a connection between the felony and murder (the murder has to occur at the time of or in furtherance of the felony, not way before or way after)
Term
Agency Approach (Felony Murder)
Definition
Felony murder rule does not apply if an adversary to the crime commits the homicidal act
Term
Proximate Cause Approach (Felony Murder)
Definition
A felon is liable for any death that is a proximate result of the felony
Term
Forcible Rape
Definition
Sexual intercourse by a male with a female not his wife by force or threat of force against her will and without her consent
Term
Rape Rule
Definition
1. General fear of someone is not enough to constitute force
2. Actual physical force is not needed - just threats of serious bodily harm that reasonably places the victim in fear, so long as the threats are used in relation to and at the time of the rape
3. Verbal protests may suffice to show lack of consent, but not force
4. A reasonable mistake of fact regarding the victim's consent is a defense
Term
Merger Limitation (Felony Murder)
Definition
If the purpose of the assaultive behavior is independent of the killing, then the defendant can be charged with felony murder
Term
Larceny
Definition
1. a trepassory taking
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession (at the time of taking)
Term
Possession
Definition
Exists when a person has sufficient control over property to use in an unrestricted manner
Term
Actual Possession
Definition
Physical possession
Term
Constructive Possession
Definition
Exists when the property is lost or mislaid and there is a reasonable clue of ownership when it is discovered, OR when someone has allowed another to borrow the property
Term
Mislaid
Definition
Placing property somewhere with the intent to return to it but failing to do so
Term
Custody exists when:
Definition
- A person has temporary and extremely limited authorization over the property
- A person receives the property from his employer and can only use the property during the relationship of the employment
- If the person is a bailee of goods in a closed container (there is possession of the whole container and custody of the goods inside)
Term
Continuing Trespass Doctrine
Definition
The initial trespass continues so long as the wrongdoer remains in possession of the property, so a new trespass happens every moment.
Term
"Permanently" with regard to intent to deprive is flexible when:
Definition
1. the defendant intents to sell the property back to the owener
2. the defendant intends to claim a reward for finding the property
3. the defendant intends to return the property to its owner for a refund
Term
Larceny by trick
Definition
1. using deceit to obtain voluntary possession, but not title
2. carrying away
3. personal property
4. of another
5. with the intent to permanently deprive the owner of possession
Term
Embezzlement
Definition
1. taking possession
2. of the personal property of another
3. in a lawful manner
4. and subsequently converts property to own use
Term
False Pretenses
Definition
1. using deceit to obtain possession and title
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession
Term
Robbery
Definition
1. the use of force or intimidation to secure possession
2. carrying away
3. personal property
4. of another
5. with intent to permanently deprive the owner of possession
Term
Extortion
Definition
1. The use of threats of future harm to secure possession
2. Carrying away
3. Personal property
4. Of another
5. With intent to permanently deprive owner of possession
Term
Burglary
Definition
1. The breaking and entering
2. Dwelling house of another
3. At night
4. With intent to commit a felony therein (at the time of the entry)
Term
Dwelling
Definition
A structure that is used with regularity for sleeping purposes
Term
Attempt - Six Step Approach
Definition
1. conceive
2. evaluate
3. fully forming an intention to go forward
4. prepare for crime
5. commence commission of the offense
6. completion of action
Term
Complete but imperfect (attempt)
Definition
When the actor preforms all acts set out to do, but fails to accomplish the goal
Term
Incomplete Attempt
Definition
When the actor does some acts necessary to achieve the criminal goal, but either quits or is prevented
Term
Mens Rea of Attempt
Definition
- intentionally commit acts that constitute actus reus of attempt
- must perform acts with specific intention of committing the target offense
Term
Actus Reus of Attempt
Definition
Must complete the last act necessary
Term
Conspiracy
Definition
1. An agreement
2. By two or more parties
3. To commit a criminal act, a series of criminal acts, or a lawful set of acts by unlawful means
Term
Specific Intent of Conspiracy
Definition
Each actor must:
1. Intend to agree (can be inferred from the act of agreement)
2. Intent that the object of their agreement be achieved
Term
Once conspiracy has been established for once act, other acts carried out in relation to the initial act can be used to establish conspiracy as well, so long as...
Definition
1. the crimes were committed in furtherance of the original objective, AND
2. the crimes were a natural and probable consequence of the conspiracy (aka foreseeable)
Term
Principals in the first degree
Definition
Persons who actually commit the crime themselves or by innocent instrumentality
Term
Principals in the second degree
Definition
Persons who intentionally assist the principal in the first degree and who are actively or constructively present during its commission
Term
Constructively Present
Definition
Close enough to assist (i.e. get away car)
Term
To withdraw from a conspiracy...
Definition
A person must verbalize the withdrawal to each of the other conspirators
Term
Accessory before the fact
Definition
A person who intentionally assists the commission of the offense but who is not present during the commission of the crime
Term
Accessory after the fact
Definition
A person who knowingly assists a felon to avoid detection, arrest, trial, or conviction
- Accessories after the fact are liable for the original offense
Term
Accomplice
Definition
A person who:
1. With the requisite mens rea
a. intentionally engages in the acts of assistance, AND
b. acts with a level of culpability required in the definition of the offense in which he assisted
2. assists the primary party in committing the offense
a. physical conduct, OR
b. psychological influence, OR
c. omission where there is a duty to act
Term
Types of defenses
Definition
1. Failure of proof
2. Offense modification
3. Justification
4. Excuses
5. Public policy
Term
Offense modification
Definition
Although the elements of the crime have been met, the underlying policy of the statute has not been met
Term
Justification
Definition
Conduct that is otherwise criminal, but under the circumstances is socially acceptable and shouldn't be punished
Term
Excuse
Definition
Although the conduct was criminal, defendant is not morally culpable
Term
Self-Defense
Definition
1. Necessary
2. Proportional
3. Reasonable belief that the force was necessary and proportional
Term
Deadly Force
Definition
Force that is likely to cause or intended to cause death or serious bodily injury
Term
Aggressor
Definition
One who threatens unlawfully by words or actions calculated to bring about an assault
Term
Rules of self-defense
Definition
1. An aggressor may not use deadly force in self-defense unless he first purges himself of aggressor status
a. a non-deadly aggressor may regain the right of self-defense if the responder responds with deadly force
b. a deadly aggressor may regain the right of self-defense if he abandons his deadly designs and communicates this to the target
2. the threat of force against the non-aggressor must be immediate
3. there is a duty to retreat
a. Castle Doctrine: if you are in your harm, then there is not a duty to retreat (does not apply to yards and cannot be invoked by an aggressor)
4. Deadly force cannot be used in response to a misdemeanor or to protect property
5. Self-defense cannot be used once you have arrived at a place of safety and then return to the aggressor
Term
Defense of others
Definition
A person is allowed to use deadly force to protect against an aggressor who is using force against a third person, but only if the third person has a right to self-defense
Term
Necessity
Definition
1. The actor must have been faced with clear and imminent harm
2. There must be no adequate alternative
3. The harm caused must not have been disproportionate to the harm avoided
4. The actor must have clean hands
5. The actor must believe the action would abate the harm
6. Lawmakers must not have previously balanced the choices
7. The emergency must have been caused by natural forces
8. Necessity does not apply to homicides
9. Necessity is limited to protect only persons and property
10. Necessity negates the actus reus
Term
Duress
Definition
1. When another person threatens to kill or grievously injure a third party unless he commits the offense
2. The threat must be from a human
3. The actor has to reasonably believe the threat is genuine
4. The treat is imminent
5. There is no reasonable opportunity to escape from threatened harm except to comply with the demands of the person who is forcing him
6. The actor cannot have any fault in exposing himself to the threat
7. Does not apply to homicides