Criminal Law

Front 1

What are the specific intent crimes?

Back 1

FAR BECALMS

F: False pretenses
A: Attempt
R: Robbery

B: Burglary
E: Embezzlement
C: Conspiracy
A: Assault (one type)
L: Larceny
M: Premeditated Murder
S: Solicitation

Front 2

What are the malice crimes?

Back 2

Murder and Arson

Front 3

What are the general intent crimes?

Back 3

Battery, Rape and Kidnapping

Front 4

What are the elements to solicitation?

Back 4

Inciting, counseling, advising, etc., another to commit a FELONY with the specific intent that the person solicited commit the crime. The crime is complete at the time the solicitation is made.

Front 5

What is criminal attempt?

Back 5

1.) A specific intent to commit the crime; and,

2.) an overt act in furtherance of the crime.

Front 6

Can one withdraw from an attempt?

Back 6

Generally, withdrawal is no defense. However, under MPC withdrawal is a defense if 1.) it is fully voluntary (not done because the project is difficult) and 2.) it si a complete abandonment, not just a desire to postpone or find another victim.

Front 7

What are the four tests for insanity?

Back 7

1. McNaughton: no awareness of right/wrong, criminal purpose

2. Irresistible Impulse: focuses on control

3. Product: No responsibility for a crime because the illness caused it.

4. Model Penal Code/ALI: combines first two tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law.

Front 8

Is voluntary intoxication a defense?

Back 8

Only to specific intent crimes.

Front 9

What does malice mean, as in 'malicious intent'?

Back 9

Prosecution need only show that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur.

Front 10

Can the State eliminate intoxication as a defense?

Back 10

Yes, says the Supreme Court.

Front 11

Is mistake of fact a defense?

Back 11

Only if it negates a required state of mind. Think of the hunter example.

Front 12

Does a mistake have to be reasonable?

Back 12

For malice and general intent crimes, reasonableness is required. For specific intent crimes, it only has to be good faith.

Front 13

When can police use deadly force to stop commission of a felony?

Back 13

1. Probable cause the defendant just committed a felony;
2. Reasonable belief that it is necessary to use deadly force to prevent escape;
3. Must demonstrate that defendant poses a particular risk of danger to others.

Front 14

For what crimes is duress and necessity not available?

Back 14

Purposeful homicides.

Front 15

What are the elements of entrapment?

Back 15

1. The criminal design must have originated with law enforcement officers;

2. The defendant must not have been predisposed to commit the crime prior to the initial contact by the government.

Front 16

How does the burden go on entrapment?

Back 16

If the defendant offers credible evidence on the two elements, the government must show predisposition beyond a reasonable doubt.

Front 17

What are the elements to criminal battery?

Back 17

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.

Front 18

What state of mind is needed for battery?

Back 18

A battery need not be intentional. Criminal negligence is sufficient.

Front 19

What is aggravated battery?

Back 19

Batteries which:
1. Deadly weapon is used;
2. Serious bodily injury is caused; or
3. The victim is a child, woman or police officer.

Front 20

What are the elements to assault?

Back 20

1. Attempt to commit battery or
2. Intentional creation -- other than by mere words -- of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Front 21

What are the types of homicide at common law?

Back 21

Murder, Voluntary Manslaughter, and Involuntary Manslaughter.

Front 22

What is the definition of murder?

Back 22

The unlawful killing of a human being with malice aforethought.

Front 23

What is malice aforethought?

Back 23

1. Intent to kill;
2. Intent to inflict great bodily injury;
3. Reckless indifference to human life;
4. Intent to commit a felony.

Front 24

What is voluntary manslaughter?

Back 24

Intentional killing distinguishable from murder by the existence of adequate provocation.

Front 25

What is "adequate provocation"?

Back 25

In voluntary manslaughter, it reduces a killing to voluntary manslaughter. It requires:
1. Sudden and intense passion that would overcome ordinary person;
2. D was in fact provoked;
3. No sufficient time to cool off;
4. D did not cool off.

Front 26

When is provocation adequate?

Back 26

1. Being subjected to a serious battery or a threat of deadly force; and
2. Finding one's spouse in bed with someone else.

Front 27

What are the two types of involuntary manslaughter?

Back 27

1. Criminal negligence (higher standard than civil liability)
2. Unlawful Act manslaughter. (while committing a misdemeanor or felonies that are not violent)

Front 28

If A deliberately shoots B in the leg, and B is a hemophiliac and dies, is A guilty of murder?

Back 28

Yes. A "takes the victim as he finds him."

Front 29

What does "proximate cause" mean in causation (of deaths)?

Back 29

Defendants are responsible for foreseeable consequences of their acts.

Front 30

What are the elements for false imprisonment?

Back 30

Unlawful
Confinement of a person
Without his valid consent.

Front 31

What are the elements of kidnapping?

Back 31

Confinement of a person that involves

1. Movement of the victim OR
2. Concealment of the victim in a 'secret' place.

Front 32

What is rape?

Back 32

Unlawful carnal knowledge of a woman by a man without her effective consent.

Front 33

What is larceny?

Back 33

1. A taking
2. and carrying away
3. of personal property
4. of another
5. by trespass
6. with intent to permanently deprive

Front 34

If a bailee opens closed containers, is that larceny or embezzlement?

Back 34

Larceny.

Front 35

Elements of embezzlement:

Back 35

1. Fraudulent
2. Conversion
3. Of property
4. of another
5. by a person in lawful possession of that property.

Front 36

Elements of false pretenses are:

Back 36

1. Obtaining title
2. To the property of another
3. By an intentional false statement of past or existing fact;
4. With intent to defraud the other.

Front 37

Elements of robbery are:

Back 37

1. A taking
2. of personal property of another
3. from the other's person or presence
4. by force or intimidation
5. with the intent to deprive him permanently of it.

Front 38

Elements of receiving stolen property:

Back 38

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. With intent to permanently deprive the owner of his interest in the property.

Front 39

Elements of burglary:

Back 39

1. Breaking
2. And entering
3. of the dwelling
4. of another
5. at nighttime
6. with the intent of committing a felony therein.

Front 40

Elements of arson:

Back 40

1. Malicious
2. burning
3. of the dwelling
4. of another

Front 41

Is an explosion good for arson?

Back 41

No. No flame.