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CrimLaw Final
Flash Cards for Criminal Law
117
Law
Graduate
11/25/2017

Additional Law Flashcards

 


 

Cards

Term
Actus Reus Definition
Definition
Act or Omission that is the physical or external part of a crime.
Term
Finding Actus Reus
Definition

1. Was the act Voluntary?

2. If there was an omission, was there a legal duty?

Term
What makes an act unconscious or involuntary?
Definition

1. The person doesn't remember it.

2. the person could not control one's own impulses.

3. The act is unintentional or its consequences are unforeseen.

Term
What constitutes a Voluntary Act?
Definition

1. In order for the actus reus to be satisfied all conduct elements must be voluntary

2. An act must be a willed movement and not an involuntary reaction to stimuli

 

Term
What constitutes an Omission?
Definition

1. A person must have a legal duty and not a moral duty to someone in order to be held accountable for said person's safety

2. Omission to perform the duty must be the immediate and direct cause of death

Term
5 situations where failure to act may constitute a breach of a legal duty.
Definition

1. Where a statute imposes a legal duty

2. Where someone has a special relationship with someone

3. Where one has assumed a contractual duty to care for another

4. Where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.

5. When a person creates a risk of harm to another

Term
Physicians Exception: Duty to act?
Definition
a physician has no legal duty to continue treatment once it has proven ineffective
Term

Result Crime/Element

 

Definition

Law punishes because of an unwanted outcome

 

example: injury, death, battery

Term
conduct crimes/element
Definition

law prohibits specific behavior

 

example: possessing, breaking, entering

Term
Attendant Circumstances
Definition

constitute part of the actus reus of every offense

 

condition that must be present in conjunction with the prohibited conduct or result in order to constitute a crime

 

exampls: a vehicle, a person, night time, over 55 mph, etc.

Term
Mens Rea: definition
Definition
guilty mind, a guilty or wrongful purpose, a criminal intent
Term
Culpability Nature of Mens Rea
Definition

defendant is guilty of a crime if they commit the social harm of the offense with any blameworthy state of mind

 

not significant whether they caused the social harm intentionally or instead with some other state of mind

Term
Elemental Nature of Mens Rea
Definition
a defendant is not guilty of an offense even if they had a culpable state of mind, if they lack any mental state specified in the definition of the crime
Term
Malice Requirement
Definition
requires that the defendant actually foresaw that the harm may occur yet disregard the risk by continuing to perform the act
Term
Kinds of Culpability: MPC Approach
Definition
  1. Purposely
  2. Knowingly
  3. Recklessness
  4. Negligently
Term
Intent: Culpability
Definition
Intent can be inferred from the circumstances surrounding the crime
Term
Purposely: Elements
Definition
  • Conduct: Act must have been the conscious object of the actor
  • Result: must have been the conscious object of the actor (want or value the result)
  • Attendant circumstances: the actor hopes of believes
Term

Knowingly: Elements

 

Definition
  • Conduct: the actor must be aware of their action
  • Result: must be aware that the result is practically certain
  • Attendant circumstances: must be a high probability
Term

Recklessness: Elements

 

Definition
  • Conduct: the actor consciously disregarded a substantial and unjustifiable risk
  • Result: same as conduct
  • Attendant Circumstance: same as conduct

 

the risk is substantial and unjustifiable if the act of disregarding the risk was a gross deviation from the standard of conduct that a law abiding person in the actor's situation would observe.

Term

Negligently: Elements

 

Definition

Conduct: the actor disregards a substantial and unjustifiable risk

Result: same as conduct

Attendant Circumstances: same as conduct

 

a gross deviation from the care that would be exercised by a reasonable person in his situation

Term
Specific Intent
Definition
Special mental element above and beyond any mental state required with respect to the actus reus of a crime (will contain magic words)
Term
General Intent
Definition
Refers to the broader question of blameworthiness or guilt
Term
Willful Blind: Rule of the Class
Definition
knowledge is established if a person is aware with a high probability of the attendant circumstances
Term
Strict Liability Offenses
Definition

 

1.      Start with ordinary usage of the statute, must show contrary legislative purpose

 

2.      Public welfare: shifts the burden of proof to the defendant

 

3.      Strict liability crimes are to force people to take extra care

 

Term
Silence about Mens Rea is Reckless Unless...
Definition

 

                                                              i.      Legislative History

 

                                                            ii.      Legislative structure

 

                                                          iii.      Tradition

 

Term
Mistake of Fact: Mens Rea
Definition
  • Can generally be used as a defense
  • Can't be used in strict liability offenses
  • If the defendant mistook the facts in good faith even if the mistake of fact was unreasonable, then valid defense because the specific intent as an element of the offense has not been established
Term

Mistake of Fact eligible to negate the requisite mens rea element

 

Definition

Reasonable Mistake: negates the elements of Purposely, Knowingly, Recklessness, Negligently

 

Negligent Mistake: Negates the elements of Purposely, Knowingly, Recklessness

 

Reckless Mistake: Negates Purposely, Knowingly

Term
Mistake of Law: Valid Defense if...
Definition
  1. Reasonable reliance upon an official statement of the law afterward determines to be erroneous, contained in a statute or other enactment
  2. The statute requires specific intent (knowledge)
  3. Lambert Doctrine
Term
Lambert Doctrine Definition
Definition

Where conduct is passive and the law isn't widely known (not sufficient notice)

 

Example: Lambert didn't know he was supposed to register in his new city as a convicted felon. Didn't actively do anything (lack of action) and law was not well known.

Term
Good Faith and Mistake of Law?
Definition
an actual good-faith belief that one is not violating the law based on a misunderstanding caused by the complexity of the law negates willfulness even if the belief is unreasonable. (the more unreasonable, the harder to prove that it was good faith)
Term
Causation Analysis: What must you prove?
Definition
  1. Actual Cause
  2. Proximate Cause
Term
Actual Cause, (Cause in Fact), "but for Test"
Definition

A defendant's conduct is a cause in fact of the prohibited result would not have occurred "but for" the defendant

 

But for the actions of the person being charged, the harm would not have occured

Term
Substantial Factor Test
Definition

Used in Actual Cause. Two defendant, commit two separate acts, each of which alone is sufficient to bring about the prohibited act.

 

Term

Proximate Cause "Legal Cause"

Definition

A cause, which in the nature and continuous sequence of events produces the harm and without which the harm would not have occurred

 

Must be a direct and natural result of the defendant's actions

Term
Intervening Causes
Definition
An event that breaks the chain of causation and relieves the actor of culpability
Term
Intervention Reasonably Foreseeable?
Definition
  • Whether the intervening cause was foreseeable based on an objective standard of reasonableness not too remote or accidental
  • If foreseeable then liable (not too remote)
  • If intervening cause is not foreseeable then not liable (too remote or accidental)
Term
Intervening act will usually be...
Definition
  1. Act of God
  2. Act of a Third Party
  3. An act or omission of the victim that assists in bringing about the outcome
Term
Apparent Safety Doctrine
Definition
A defendant's active force will no longer be followed when the other person is in a position of apparent safety.
Term
Intended Circumstances Doctrine
Definition
If an intentional wrongdoer gets what he wanted/gets the result he wanted in the general manner, liability is not escaped even if an unforeseen event intervened
Term
Actus Reus of Criminal Homicide
Definition
Causing death of another person
Term
Types of Malice Aforethought (four)
Definition

1. Purposely/Knowingly causing death

2. Purposely/Knowingly causing serious injury

3. Recklessness+ (extreme indifference to human life)

Felony Murder

Term
Implied Malice Aforethought
Definition

no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart.

 

Defendant caused death as a result of an unjustifiable risk creation that manifested wanton disregard for value of human life.

Term
Express Malice Aforethought
Definition
Defendant intended to hill his victim or inflict grievous bodily harm or knew with substantial certainty that actions would result in the victims death or injury
Term
Premeditation and Deliberation
Definition
subjectively formed plan of destruction
Term
Circumstances that help prove Premeditation & Deliberation
Definition

1. Want of provocation on the part of the deceased

2. The conduct and statements of the defendant before and after the killing

3. Threats and declarations of the defendant before/during the killing

4. Ill will or previous difficulty between the parties

5. Dealing of lethal blows after the deceased had fallen and rendered helpless

6. Evidence that the killing was done in a brutal manner

Term
Requirements of Murder 1
Definition
Malice aforethought + premeditation and deliberation
Term
Requirements for Murder 2
Definition
malice aforethought + no premeditation
Term
Heat of Passion: Words?
Definition
Spoken words alone are not adequate provocation. They can if they are accompanied by conduct indicating a present intention and ability to cause the defendant bodily harm
Term
Heat of Passion Test
Definition

1. Adequate Provocation (reasonable) AND

2. Subjective Provocation (honestly) AND

3. No objective cool down period AND

4. No subjective cool down period

Term
Adequacy Test for Provocation
Definition
For provocation to be adequate it must be "calculated to inflame the passion of a reasonable man and tend to cause him to act for the moment from passion rather than reason.
Term
Transferred Intent: Heat of Passion
Definition
When you are trying to take it out on the provoker but you accidentally hurt/kill someone else
Term
Voluntary Manslaughter
Definition

Purposely/Knowingly causing death but adequately provoked (heat of passion) 

 

Originally murder 1 or 2 but mitigated down to Voluntary Manslaughter

Term
Involuntary Manslaughter
Definition

Recklessly or Negligently causing death (no malice aforethought)

Wilfull and wanton conduct leading to death

An act or omission may serve as the actus reus when there is a failure to fulfill a legal duty (failed to take measures to mitigate risk)

Term
Provocation: Reasonable Man
Definition

1. Will not consider mental disposition deficiencies (scared, impulsive, timid, etc.)

2. Will consider culture, race, sex, etc.

Term
Felony Murder
Definition

Murder without the intent to kill, second degree murder almost everywhere

 

Culpable for murder if during the commission of a dangerous felony someone is killed

 

That someone can be the victim of the offense or a bystandeer

Term
Felony Murder in relation to Felonies
Definition

Assault cannot be the trigger for felony murder

Felony Murder is inapplicable to felonies that are an integral part of and included in fact within the homicide

Term
5
Definition
Term
Attempt: Definition
Definition
Actor has shown the desire to commit an offense. It is a crime of the same degree as the crime attempted
Term
Actus Reus of Attempt
Definition

Substantial step towards the commission of a crime

 

an action that strongly corroborates the actor's intent to do the crime

 

Taking enough steps from the initial idea to strongly show the intent to do the criminal act

Term
Mens Rea of Attempt
Definition

Attempt is always a crime of intent/purpose

 

The actor must intend to do the act deemed criminal in order to be punished

Cannot recklessly, negligently attempt to do a crime

 

The actor is liable for attempt if the circumstances had been as the Defendant believed them.

Term
Elements of Abandonment (two)
Definition

1. Voluntary Withdrawal

2. Complete Withdrawal

Term
Voluntary Withdrawal: What must you show?
Definition

Burden is on the Defendant to prove

 

Must show

a. no new circumstances that increase the probability of detection

b. no new circumstances that made it more difficult to complete the crime

Term
Complete Withdrawal: What must you show?
Definition

Burden is on the defendant

 

Must Show:

a. Complete abandonment - not waiting for a different time to attempt

b. not waiting for a different victim

c. must show 100% voluntary, no small part can be motivated by any part of the test

 

Must show preponderance of the evidence

Term
Factual Impossibility Definition
Definition

A mistake as to the factual nature of something is not a defense

 

example: pick-pocketer reaching into an empty pocket is still liable for attempt

Term
Legal Impossibility
Definition
a mistake as to the legal status of something can be a defense to a crime (not many jurisdictions recognize it)
Term
Pure Legal Impossibility
Definition
If the defendant believed their actions were unlawful but the law did not prohibit the defendants conduct, there is no liability
Term
Hybrid Impossibility
Definition
If the defendants goal was illegal but some fact or circumstance prevented them from achieving the illegal act
Term
Conspiracy Definition
Definition
a partnership in criminal purpose, a mutual agreement, or understanding, which is expressed or implied between two o more persons to commit a criminal act or to accomplish a legal act by unlawful means
Term

Elements of a Conspiracy

 

Definition
  1. an unlawful agreement to engage in a felony or cause the commission of a felony
  2. Overt act in furtherance of the conspiracy by any one conspirator is not needed to establish conspiracy but can be used as evidence of the agreement (Actus Reus)
Term
Overt Act in Furtherance of the Conspiracy
Definition
  • Agreement must happen before the substantial step
  • Overt act does not need to be as much as the substantial step requirement
  • need only be a step in furtherance of the conspiracy
Term
Actus Reus of Conspiracy
Definition
  • Not enough to just be present during the crime, must have other circumstantial evidence that points to conspiracy
  • Agreement must happen before a substantial step is taken towards a crime
Term
Mens Rea of Conspiracy
Definition

Everything goes up to Purposely(PPP) since it is a specific intent crime

 

Extra element is the conscious object to agree (PPP + P)

Term
Elements of Mens Rea for Conspiracy
Definition

Conscious Object to agree (Actus Reus)

 

Conscious Object to conduct element

Conscious Object to result element

Hopes/Believes the attendant circumstance

Term
Pinkerton Rule
Definition

Conspirators are culpable for:

1. Agreement of the overt act "conspiracy" AND

2. Principle crimes within the scope of the agreement AND

3. Any substantive crime that is:

a. In furtherance of the conspiracy AND

b. reasonably foreseeable

Term
Benefits of Conspiracy to a Prosecutor
Definition

1. Evidence, need only circumstantial

2. Jurisdiction

3. Statute of Limitations (starts when the last act is committed)

4. Conspiracy can be stacked with principle

Term
Getting out of a Conspiracy
Definition

1. Withdrawal: effectively communicate your withdrawal to all people involved in conspiracy

2. Renunciation: must communicate and thwart efforts of crime (reasonably)

Term
Unilateral Theory of Conspiracy Rule of the Class
Definition
Only one of the alleged conspirators need to intend to agree to the commission of an offense
Term
Bilateral Theory of Conspiracy
Definition
requires the actual agreement of at least two parties
Term
Wharton's Rule
Definition

Can't be charged with conspiracy if there isn't an extra person; someone outside principle crime. Must be one or more unnecessary parties

 

Example: A duel requires two people to commit the crime, cannot be a conspiracy unless there was a third person involved with the duel. The third person would be unnecessary

Term
Four Part Test to Determine Conspiracy
Definition
  1. Did the individual have both the Actus Reus and the Mens Rea
  2. What is the size of the conspiracy? Do you have an extra, unnecessary person?
  3. Did the actual crime occur? If so then held liable for principle crime
  4. Pinkerton Rule? Did any other conspirators commit any other crimes that an individual could be held liable for?
Term
Four Types of Accomplices
Definition

 

  1. Principles in the first degree
  2. Principles in the second degree
  3. accessories before the fact
  4. accessories after the fact
Term

Accomplices: Principles in the First Degree

Definition
One who perpetrates the crime
Term
Accomplices: Principle in the Second Degree
Definition
one who is present during the commission of the crime and actively encourages the commission of the crime
Term
Accomplices: Accessories before the Fact
Definition
One who is not present for the commission of the crime but provides assistance
Term
Accomplices after the Fact
Definition
One who helps a felon avoid detection after the commission of a crime
Term
Accomplice: Principle vs. Accomplice
Definition

Accomplice is on the hook for the principle crime/treated as principle offender - same grade of punishment

 

Attempt and conspiracy will get a lower grade of punishment even if they are charged with the principle crime

Term
One is liable as an accomplice to the crime of another if he...
Definition
  1. gave assistance or encouragement or failed to perform a legal duty to prevent it
  2. With the intent thereby to promote or facilitate commission of the crime
Term
Actus Reus of Accomplice
Definition
  • Soliciting
  • Aid or encouraging
  • Having a legal duty to prevent commission of a crime

Principle offender does not need to know that you are aiding

Encouragement needs to be heard in order to be valid (awareness)

Term
Mens Rea of Accomplice Liability
Definition

Specific Intent Crime

 

Result element is fixed: PXP (P)

Extra P is for purposely aiding others

 

Term
Lauria Rule: Accomplice Liability
Definition
Get Knowingly to Purposely: they had him on Knowingly and got him to Purposely by showing he had a stake in the venture
Term
Exceptions to Accomplice Liability
Definition
To be guilty of accomplice liability, someone else has to commit the Actus Reus of a principle crime but does not have to commit the Mens Rea
Term
Unwinding Accomplice Liability
Definition
You can unwind accomplice by neutralizing aid. You don't have to communicate to principle offender. Must do it before the crime takes place
Term
Merging with Principle?
Definition
If the accomplice aids/encourages principle and principle offenders commit other crimes that you did not aid/encourage but the other crimes were foreseeable (natural consequences) the accomplice is on the hook for principle crime because accomplice merges with principle
Term
Justification Definition
Definition
Did the right thing: self defense, defense of others, defense of property and necessity
Term

Needed for Justification Defense

 

Definition

In order to be justified the responsive conduct must satisfy two requirements:

a. it must be necessary to protect or further the interest at stake AND

b. It must cause only a harm that is proportional or reasonable in relation to the harm threatened or the interest to be furthered

Term
Perfect Defense vs. Imperfect Defense
Definition

Imperfect Defense: mitigates murder to manslaughter (honest but unreasonable)

 

Perfect Defense: acquittal

Term
Self Defense Elements
Definition
  1. Have to be faced with unlawful force
  2. Force must be imminent
  3. Response must be proportional and necessary to force you are threatened by
Term
Mens Rea: Self Defense
Definition

Objective (reasonable person) AND Subjective (you honestly believed)

 

For subjective your allowed to consider time and place, physical movements/attributes, relative knowledge that victim knows about assailant

Term
Proving: Perfect Defense
Definition
Must honestly and reasonably believe that provocation was unlawful, imminent and that your force was necessary and proportional
Term
Imperfect Defense
Definition

You honestly but unreasonably believed that provocation was unlawful, imminent and that you response was necessary and proportional

 

If self defense is valid but you execute the defense negligently or recklessly then guilty of a recklessness or negligent crime. (involuntary manslaughter or negligent homicide)

Term
Stand Your Ground Rule
Definition

 

                                                                                                                                     

No need to run away when out in public

 

Must exhaust all your options (notify law enforcement, put up barrier, talk do, safe retreat is NOT necessary)

Term
Castle Doctrine
Definition
You don't have to retreat from your own dwelling
Term
When Deadly force can be Used.
Definition

Can only be used if:

  • faced with deadly force
  • serious bodily injury
  • kidnapping
  • rape
  • breaking and entering with intent to commit a felony (proportionality)
Term
Deadly Force Definition
Definition
Force that could cause death or serious bodily injury (reasonably calculated)
Term
Initial Aggressor Doctrine and How do you reset it?
Definition

An initial aggressor will not get the benefit of self defense if they are provoker.

 

Ways to reset it:

a. Attempt to withdraw (run etc.)

b. communicate withdrawal (reasonable person standard - would a reasonable person understand there is a withdrawal?)

Term
How will an initial aggressor prevail on self defense?
Definition

1. if victim responds disproportionately to defendant aggression: "I'm going to punch you... pulls out a gun"

2. Withdrew and the victim comes at you anyway

Term
Exception to the disproportionate doctrine:
Definition
One exception is baiting the victim. (wanting a violent altercation)
Term
Defense of Others
Definition
  • Individual that you sought to protect was faced with an unlawful and imminent force
  • your response was necessary and proportional
  • Can still get the defense if you are wrong as long as you acted reasonably and honestly
Term
Defense of Property
Definition
  • Imminent trespass or theft
  • unlawful trespass or theft
  • necessity - can use force calculated to inflict severe bodily injury or death to protect against trespass or theft

Deadly force: protecting home, office, occupied vehicle

Term
Necessity: Justification
Definition
  • Threat must be imminent
  • Faced with something that is unpleasant
  • response is necessary
  • Balancing act ... harm avoided must be greater than the harm caused
Term
Excuse: Duress
Definition
  • an immediate threat of death/seriously bodily injury (must come from humans)
  • Well grounded fear that the threat will be carried our (honest and reasonable)
  • No reasonable opportunity to escape the threaten harm
  • Proportionality: You can't intentional kill under duress
Term
Involuntary Intoxication is when... (four)
Definition
  1. Coerced
  2. Pathological (knowingly take a small amount of alcohol and it has a disproportionate effect)
  3. Innocent Mistake (roofie)
  4. Unexpected intoxication from medically prescribed drug
Term
How does Duress differ from Self Defense?
Definition

Duress extended to crimes other than use of force, many things that self defense doesn't cover

 

Triggering condition must be greater than self defense

 

Can use force against an innocent third party

Term
Principal Jury Instruction
Definition
  1. Break out the elements
  2. Translate the Mens Rea for the given element
  3. Apply the actus rea element
  4. Add the voluntariness Instruction
Term
Conspiracy Jury Instruction
Definition
  1. Start with the Principal crime, then move to secondary
  2. Add purposely to the different elements (PPP+P)
  3. Add the actus reus (act of combining)
  4. add voluntariness element
Term
Accomplice Jury Instruction
Definition
  1. Break out the elements
  2. Translate the Mens Rea (PXP+P to aid others)
  3. Apply the actus reus element (action that aids others)
  4. Add the voluntariness instruction
  5. The principle crime had to actually have been committed
Term
Attempt Jury Instruction
Definition
  • Break out the elements
  • Translate the mens rea for the given elements (PPX)
  • Actus Reus element (from principle to attempt is modified by showing a mere substantial step
  • Add voluntariness element
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